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1|§ STATES OF AMERICA 




































































































































































36th Congress, ) HOUSE OF REPR 
Is/ 1 Session . $ 



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ENT ATI YES. 


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Report 
255. 


KANSAS. 

[To accompany Bill H. R ; No. 23 ] 


March 29, 1860. 

Mr. Grow, from the Committee on Territories, made the following 

REPORT. 

The committee on Territories, to whom were referred the Constitution 
adopted by the people of Kansas on the 4 th day of October , A. D. 
1859, and the memorial of the convention praying Congress to admit 
Kansas as a State into the confederacy , having had the same under 
consideration , beg leave to submit the following report: 

Article 1st of the amendments to the Constitution guarantees u the 
right of the people peaceably to assemble and to petition the government 
for a redress of grievances .” The Constitution being the supreme 
law of the land, this right of the people cannot be restricted or im¬ 
paired in any manner by any action of Congress. The people of a 
Territory have, therefore, the right at all times peaceably to assemble 
and to petition for a redress of grievances. If the grievance com¬ 
plained of be the territorial organization, they may accompany their 
petition for its abrogation with a specification of the kind of govern¬ 
ment or the form of redress desired. This is their right, whether au¬ 
thorized by any previous act of Congress or not. 

Such was the doctrine affirmed during President Jackson’s admin¬ 
istration in the decision of the Attorney General transmitting instruc¬ 
tions to the governor of Arkansas, who was disposed to prevent the 
formation of a constitution by the people without a previous act of 
Congress for that purpose. In these instructions, given by direction 
of the President September 21, 1835, referring to the right of the peo¬ 
ple to act without such authority, he says: 

“ They undoubtedly possess the ordinary privileges and immunities 
of citizens of the United States. Among these is the right of the peo¬ 
ple peaceably to assemble and to petition the government for the re¬ 
dress of grievances. In the exercise of this right, the inhabitants of 
Arkansas may peaceably meet together in primary assembly, or in con¬ 
vention chosen by such assemblies, for the purpose of petitioning 
Congress to abrogate the territorial government, and to admit them 
into the Union as an independent State. 

u The particular form which they may give to their petition cannot 
























2 


KANSAS. 




be material so long as they confine themselves to the mere right of 
petitioning, and conduct all their proceedings in a peaceable manner. 

“And as the power of Congress over the whole subject is plenary and 
unlimited, they may accept any constitution formed, which in their 
judgment, meets the sense of the people to be affected by it. 

“ If, therefore, the citizens of Arkansas think proper to accompany 
their petition by a written constitution, formed and agreed upon by 
them in primary assemblies, or by a convention of delegates chosen 
by such assemblies, I perceive no legal objection to their power to do 
so.” 

Under this doctrine, which is only an enforcement of one of the 
guarantees of the Constitution, and is in accordance with the uni¬ 
form practice of the government for more than half a century, the 
people of any Territory may at any time petition Congress for admis¬ 
sion into the Union as a State. An inquiry into the manner of the 
formation of the constitution of a proposed State is of no importance, 
save as a means of ascertaining whether it meets the sense of the 
people to be affected by it. Enabling acts by Congress, or any other 
acts preliminary to the ratification of a constitution by the people , are 
therefore important only as a means of authenticating the will of the 
people, or of proving the genuineness of their petition. 

Of the twenty States added to the Union since the adoption of the 
federal Constitution, eleven have been admitted without any previous 
act of Congress authorizing the formation of a constitution. Six of 
these formed their constitutions and State governments in pursuance 
of laws emanating from their respective territorial legislatures. Fol¬ 
lowing these precedents, the people of Kansas present their petition, 
accompanied by a constitution formed in pursuance of an act of the 
territorial legislature, approved by the governor on the 11th day of 
February, A. D. 1859, and ratified and adopted by the people at an 
election held for that purpose, as required by said law, on the first 
Tuesday of October last. 

Your committee, regarding the right of the people of a Territory 
peaceably to assemble and form for themselves a constitution and State 
government to be presented as their petition to Congress as one of the 
guarantees of the Constitution, cannot regard any condition imposed 
by Congress attempting to impair the exercise of that right as valid 
or binding, either upon the people themselves or a subsequent Con¬ 
gress. If such a condition could be imposed, then the people could 
be deprived of a right secured in the Constitution itself, so long as 
Congress should refuse or neglect to remove such condition. 

As in this case, should it be claimed that until a certain population 
shall be ascertained by a legal census, no application for admission of 
the State into the Union is to be received, then the people of Kansas 
could be excluded so long as Congress should neglect or prevent the 
taking of a census. Such a doctrine would enable a majority of Con¬ 
gress to nullify at will any of the guarantees of the Constitution. The 
people of Kansas, therefore, in presenting their application for admis¬ 
sion as a State into the Union, have done nothing but what they have 
an undoubted right to do under the Constitution \ and it is for Con- 



KANSAS. 3 

gress to make such disposition of it as shall seem to them to be just 
and proper. 

By article 4th, section 3d, of the Constitution, 11 new States may be 
admitted by the Congress into this Union .The power of Congress 
over this whole subject is, therefore, plenary and unlimited. The ac¬ 
ceptance or rejection of a petition for the admission of a State rests 
entirely in the discretion of Congress at the time of such application. 
The questions to be considered on such application are, the conformity 
of its organization to the requirements of the Constitution, the amount 
of its population, and whether the majority of the people desire to be 
admitted as a State under the constitution presented ; if so, would the 
welfare of the people of the proposed State, and the general interests 
of the whole country, he promoted by its admission. 

The first and most important of these inquiries is to determine 
whether the majority of the people to be affected by it desire such ad¬ 
mission ; for, however clearly the application may be the exercise of a. 
constitutional right, it is nevertheless a mere petition, and unless ap¬ 
proved by a majority of those upon whom it is to operate, the petition 
should not be granted. 

In this case there can be no question but that the constitution presented 
meets the wishes of those who are to be affected by it, for it was adopted 
and ratified at a fair election held for that purpose, in which the whole 
people, without distinction of party, participated, by a majority of 
four thousand eight hundred and ninety-one in an aggregate vote of 
fifteen thousand nine hundred and fifty-one, being almost two to one 
in its favor, as appears by the official proclamation of the governor^ 
which is hereto appended and made part of this report. 

As to population, if there was any doubt on that point, your com¬ 
mittee regard it as waved by the action of Congress. A majority of 
both houses, on the 13th day of April, A. D. 1858, declared by vote 
that there was sufficient population within the limits now proposed 
for Kansas to enable it to be admitted as a slave State : and certainly 
that same population increased by two years’ immigration should be, 
in the judgment of your committee, sufficient for a free State, unless 
Congress proposes to establish one rule as to population for the ad¬ 
mission of slave States, and another and a different one for free States. 

Your committee, therefore, deem it unnecessary to inquire into the 
precise number of the present population of Kansas, for if under 
ordinary circumstances there could be any objections on that point, 
they have, so far as Kansas is concerned, been twice waived by the action 
of Congress. In addition to the instance just cited, the House of Kep- 
resentatives four years ago passed an act for the admission of the 
State ; and the Senate passed an act for the immediate formation of a 
State government, in order to such admission, without regard to popu¬ 
lation. Since the first action of Congress the population has more 
than doubled, and has increased very largely since the last. 

At the last session of Congress Oregon was admitted with a less 
population than that of Kansas. The largest vote ever polled at any 
election in Oregon previous to its admission was ten thousand one 
hundred and twenty-one, (10,121 ;) while the vote polled in Kansas 
on the adoption of this constitution, (and that, too, under a registry 




4 


KANSAS. 


law that required six months residence for the voter,) the aggregate 
vote polled, including the vote of the fifteen counties not officially 
returned, exceeded seventeen thousand, (17,000.) 

Of the 237 congressional districts in the Union, there were, by the 
official returns of the last congressional election, one hundred and 
fifty-two (152) districts that polled each less than seventeen thousand 
(17,000) votes. So the legal vote of Kansas on the first Tuesday of 
April, A. D. 1859, exceeded that of any one of almost two-thirds of 
the congressional districts in the Union. 

A territorial government being limited in the exercise of political 
powers, and the people thereof greatly restricted in their action, 
should be continued only so long as the necessities which give rise to 
it last. Whenever, therefore, the population becomes sufficiently 
numerous to maintain a government of their own, without imposing 
upon them excessive burdens of taxation, and they are desirous of 
-taking upon themselves the responsibilities of a State government, 
why should not their request he granted, unless there are reasons of 
■Q, general character affecting the whole country , and thus relieve them 
from a condition of territorial pupilage by restoring them to their 
rights of self-government, of which, from the necessities of the case, 
they have been partially deprived ? For, during the existence of the 
territorial government, the people do not select their own rulers ; nor 
■can they legislate without being subjected to the supervision of the 
general government over their acts. Their governor is appointed by 
the President, with a veto power on all acts of the legislature, which 
neutralizes the votes of two-thirds of its members. The judges who 
construe the laws are also the appointees of the President. The 
people of a Territory, therefore, have no voice in the selection of its 
executive or judicial officers, for they all hold their positions at the 
will of the President. While the government of every independent 
people under our system is composed of three departments—the ex¬ 
ecutive, the legislative, and the judicial—the people of a Territory 
have no voice or control in the selection or the management of either 
of these departments, save in the legislative ; and even in this de¬ 
partment an executive officer, wholly irresponsible to the people, con¬ 
trols, by his veto, two-thirds of the power of that. So the people of 
a Territory, even under the Kansas-Nebraska bill, are invested with 
only the one-third part of the powers of one of the three departments 
of their government. So long, then, as the people continue under a 
territorial organization as now constituted, they are clothed with only 
one-ninth part of the powers of their government, the balance being 
vested in the government of the United States. 

Until the formation of a State government, this supervision results 
not only from the power vested in the general government by the 
Constitution itself, but to a great degree from the nature of a terri¬ 
torial government and the necessity of the case. The settlers of a 
new Territory, at the first feeble in numbers and widely separated, 
have to contend with the savage and the wild beast for the dominion 
of the wilderness, and are, for a time, not of sufficient numbers, 
strength, or wealth, to protect themselves alone against the uncivilized 
influences which surround them. Hence the general government es- 


KANSAS. 


5 


tablishes a temporary government, appoints its executive and judicial 
officers, prescribing tbeir duties and limiting their jurisdiction ; pays 
the salaries and all the expenses of the legislature, fixing the number 
of its members and the duration of its sessions; builds their roads and 
erects their public buildings, and, as a necessary consequence, must 
have a supervisory power over the government thus created. But this 
supervision should cease at the earliest practicable moment consistent 
with the general welfare and the protection of the frontier settle¬ 
ments. 

In the case of Kansas, there can be no doubt that there is at this 
time sufficient population and wealth to maintain a firm government 
without excessive taxation upon its people; so there can be no reason 
on that account for continuing longer the territorial organization. 

If there was a uniform rule as to population for new States, and 
that of Kansas was less than the required number, yet the history of 
its territorial government and the circumstances surrounding its 
people from the time of their first settlement, would of themselves be 
sufficient to make their application for admission an exception to any 
general rule, even if such rule existed. 

The government under which they have been forced to live began 
with a despotism cruel and bloody, established by armed usurpation, 
and marked in its continuance by the revolting atrocities which char¬ 
acterize savage warfare, emanating directly from the territorial or¬ 
ganization, or supported and defended by those clothed with its 
authority. 

As to the character of the territorial government imposed upon the 
people of Kansas, your committee beg leave to refer to the despatches 
of Governor Geary to the President, dated September 9, 1856, Execu¬ 
tive Documents, 3d sess. 34th Cong., vol. 1, Pt. 1, pages 88 and 89, 
in which he says : 

U 1 find that I have not simply to contend against bands of armed 
ruffians and brigands, whose sole aim and end is assassination and 
robbery ; infatuated adherents and advocates of conflicting political 
sentiments and local institutions, and evil-disposed persons actuated 
by a desire to obtain elevated positions, but , icorst of all, against the 
in fluence of men ivho have been placed in authority , and have employed 
all the destructive agents around them to promote their own personal in¬ 
terests at the sacrifice of every just , honorable , and laivfid consid¬ 
eration. 

te I have barely time to give you a brief statement of facts as I find 
them. The town of Leavenworth is now in the hands of armed bodies 
of men , ivho , having been enrolled as militia , perpetrate outrages of the 
most atrocious character unde'/ the shadow of authority from the terri¬ 
torial government. 

u Within a few days these men have robbed and driven from their 
homes unoffending citizens , have fired upon and hilled others in their own 
dwellings , and stolen horses and property , under the pretense of em¬ 
ploying them in the public service. They have seized persons who had 
committed no offence, and, after stripping them of all their valuables, 

placed them on steamers and sent them out of the Territory. 

* * * * * * * 


6 


KANSAS, 


u In isolated or country places no man's life is safe. The roads are 
filled with armed robbers, and murders for mere plunder are of daily 
occurrence. Almost every farm-house is deserted, and no traveller 
has the temerity to venture upon the highways without an escort." 

In describing the condition of the Territory at the time of his ar¬ 
rival, in his farewell to the people of Kansas, (Senate Doc., 1st session 
35th Congress, No. 17, p., 200,) he says: 

u Desolation and ruin reigned on every hand ; homes and firesides 
were deserted ; the smoke of burning dwellings darkened the atmo¬ 
sphere; women and children, driven from their habitations, wandered 
over the prairies and among the woodlands, or sought refuge and pro¬ 
tection even among the Indian tribes.’’ 

Such was the character of the government, and the condition of the 
people of Kansas, as described by an eye-witness in his official de¬ 
spatches to the President of the United States, at the very time that 
Congress, by reason of the disagreement of the Senate to the House 
bill admitting Kansas, refused to redress the wrongs of this people by 
supplanting their usurped territorial government by one of their own 
formation. 

The people of Kansas again apply for admission as a State into this 
Union, with a voting population exceeding that of a majority of the con¬ 
gressional districts in the old States, and a representative population 
greater than that of either Florida or Oregon, and with an area of 
80,000 square miles of territory, and undeveloped material resources 
of vast extent. 

For five years the freemen of the nation have watched the progress 
of events in Kansas with an intensity of feeling seldom, if ever, equalled 
in the history of the country. For there they beheld for the first time 
during its existence an organized effort of the minority, by fraud and 
force, and armed invasion, sustained by the general government, to es¬ 
tablish and perpetuate slavery against the will of the majority. 

In order to give quiet to the whole country on this subject, remove 
an element of discord from the political arena, and restore to the peo¬ 
ple of Kansas their rights of self-government, we recommend their 
admission into the Union as a State, and herewith report a bill. 

GALUSHA A. GROW. 
JOHN J. PERRY. 
DANIEL W. GOOCH. 
CHARLES CASE. 

HENRY WALDRON. 
JAMES M. ASHLEY. 


KANSAS. 


7 


LAWS OF KANSAS, A. D. 1859. 
Chapter 31. 


AN AC'l providing for the formation of a constitution and State government for the State 

of Kansas. 

Election fourth Monday in March , for or against the constitution .— 

Who may vote , and form of ballot. 

Be it enacted by the governor and legislative assembly of the Territory of Kansas: 

Section 1. That an election shall he holden in the several voting pre¬ 
cincts in the Territory of Kansas on the fourth Monday of March, 
A. D. 1859, at which the qualified electors of the said Territory shall 
determine for or against the formation of a constitution and State 
government for the State of Kansas in the following manner, to wit: 
All legal voters under the provisions of this act, who may he in favor 
of the formation of a constitution and State government, shall he en¬ 
titled to vote a written or printed ballot, inscribed tc For a constitu¬ 
tion and all legal voters as aforesaid, who may he opposed to the 
formation of a constitution and State government, shall he entitled to 
vote a written or printed ballot, inscribed “Against a constitution/’ 

The governor to proclaim result; if against the constitution , law 

void.—If in favor, law in full force. 

Sec. 2. That if, upon counting the returns of said election in the 
manner hereinafter prescribed, it shall be found that a majority of 
the legal voters of said Territory shall have voted “ against” the 
formation of a constitution and State government, the governor of the 
Territory shall issue his proclamation in accordance with the facts, 
and that the remaining provisions of this act shall be inoperative and 
void ; but if, upon counting the returns of said election in the man¬ 
ner hereinafter prescribed, it shall be found that a majority of the 
legal voters of said Territory shall have voted “ for” the formation 
of a constitution and State government, the governor of the Territory 
shall issue his proclamation in accordance with the facts, and that the 
remaining provisions of this act shall remain in full force and effect. 

Election for delegates on first Tuesday in June. 

Sec. 3. That an election shall be holden on the first Tuesday of 
June, A. D. 1859, in the several voting precincts of the Territory of 
Kansas, for delegates to a convention to frame a constitution and 
State government for the State of Kansas. 

Number of members , and, their apportionment . 

Sec. 4. That said convention shall be composed of fifty-two mem* 
bers, to be apportioned among the several districts of the Territory as 







8 


KANSAS. 


follows, to wit: the county of Leavenworth shall constitute the first- 
district, and shall elect ten delegates ; the county of Atchison shall 
constitute the second district, and shall elect three delegates ; the 
county of Doniphan shall constitute the third district, and shall elect 
five delegates ; the county of Brown shall constitute the fourth dis¬ 
trict, and shall elect one delegate ; the county of Nemaha shall con¬ 
stitute the fifth district, and shall elect one delegate ; the counties of 
Marshall, Washington, and Arapahoe shall constitute the sixth dis¬ 
trict, and shall elect one delegate ; the county of Jefferson shall con¬ 
stitute the seventh district, and shall elect one delegate ; the county 
of Calhoun shall constitute the eighth district, and shall elect one 
delegate; the county of Biley shall constitute the ninth district, and 
shall elect one delegate ; the county of Pottawatomie shall constitute 
the tenth district, and shall elect one delegate ; the county of Johnson 
shall constitute the eleventh district, and shall elect two delegates ; 
the county of Douglas shall constitute the twelfth district, and shall 
elect seven delegates; the county of Shawnee shall constitute the 
thirteenth district, and shall elect three delegates ; the counties of 
Richardson, Davis. Dickinson, and Clay shall constitute the fourteenth 
district, and shall elect one delegate ; the county of Lykins shall con¬ 
stitute the fifteenth district, and shall elect two delegates ; the county 
of Franklin shall constitute the sixteenth district, and shall elect one- 
delegate ; the counties of Weller, Breckinridge, and Wise shall con¬ 
stitute the seventeenth district, and shall elect two delegates ; the 
county of Linn shall constitute the eighteenth district, and shall elect 
two delegates ; the county of Anderson shall constitute the nineteenth 
district, and shall elect one delegate ; the counties of Coffey and Wood- 
son shall constitute the twentieth district, and shall elect two dele¬ 
gates ; the counties of Madison, Butler, Hunter, G-reenwood, Godfrey, 
and Wilson shall constitute the twenty-first district, and shall elect 
one delegate ; the counties of Bourbon, McGhee, and Dorn shall con¬ 
stitute the twenty-second district, and shall elect two delegates ; the 
county of Allen shall constitute the twenty-third district, and shall 
elect one delegate. 


Where to assemble. 

Sec. 5. That the delegates elected under the provisions of this act 
shall assemble at Wyandott on the first Tuesday of July, A. D. 1859,. 
and shall proceed to frame a constitution and provide for the organi¬ 
zation of a State government for the State of Kansas. 

Submission of constitution . 

Sec. 6 . That on the first Tuesday of October, A. D. 1859, the con¬ 
stitution thus framed shall be submitted to a direct vote of the quali¬ 
fied electors of the Territory of Kansas for their ratification or rejec¬ 
tion, in such manner and form as the said convention may prescribe* 

Election of State officers. 

Sec. 7. That in case the constitution, thus framed and submitted, 
shall be ratified by a majority of the electors of said Territory, then 


KANSAS. 


9 


an election shall he holden on the first Tuesday of December, A. D. 
1859, at which State officers, members of the State legislature, judges, 
and all other officers provided for under said constitution shall be 
elected. 


Transmission of ratified constitution to Congress. 

Sec. 8. That it shall be the duty of said convention, in case said 
constitution shall be ratified by a majority of the electors voting at 
the aforesaid election, to provide for its transmission to the Congress 
of the United States, asking, by memorial or otherwise, for the 
admission of Kansas into the Union, under said constitution, as a 
sovereign and independent State. 

Governor elect to proclaim admission into the Union , and convene legis¬ 
lature. 

Sec. 9. That, upon official information having been by him received 
of the admission of Kansas into the Union as a State, it shall be the 
duty of the governor elect under said constitution to proclaim the 
same, and to convene the general assembly of the State of Kansas, 
and do all things else necessary to the complete and active organiza¬ 
tion of the State government. 

All elections by ballot. 

Sec. 10. That all the elections provided for by this act shall he by 
ballot. 


Qualifications of voters. 

Sec. 11. That all white male citizens of the United States, and all 
those who shall have declared, on oath, their intention to become 
such, and all male Indians who have been made citizens of the United 
States by treaty or otherwise, and who shall he over the age of 
twenty-one years, and who shall have been bona fide inhabitants of 
the Territory of Kansas for the period of six months next preceding 
each of the respective elections provided for by this act, and who shall 
have been bona fide inhabitants of the county in which they may offer 
to vote for ten days next preceding each of the respective elections 
aforesaid, and none olhers, shall be entitled to vote at the several 
elections hereinbefore provided for : Provided , That no officer, soldier, 
seaman or marine, or other person in the army or navy of the United 
States, or attached to the troops in the service of the United States, 
shall he allowed to vote or hold office under the provisions r his act 
by reason of being on service in this Territory. 

Who may be delegates. 

Sec. 12. That any person having the qualifications of an elector 
aforesaid shall he eligible to become a delegate to the convention pro¬ 
vided for by this act. 


10 


KANSAS. 


Judges of election. 

Sec. 13. That the persons who may he judges of election in the 
several voting precincts of this Territory at the time of the respective 
elections provided for in this act, shall be the judges of the several re¬ 
spective elections hereinbefore provided for. 

Duty of judges at election. 

Sec. 14. That the said judges of election, before entering upon the 
duties of their office, shall take an oath faithfully to discharge their 
duties as such. Said oath shall be administered to them by any per¬ 
son qualified by law to administer oaths ; and, in case no person thus 
qualified shall be present at the time of opening said elections, 
then said judges are hereby authorized and required to administer such 
oath to each other. They shall appoint two clerks of election, who 
shall also be sworn by said judges faithfully to discharge their duties 
as such. In the event of any vacancy or vacancies occurring in the 
board of judges, the bystanders shall supply such vacancy or vacancies 
from their own number. 


Polls open, how long. 

Sec. 15. That at the several elections provided for in this act the 
polls shall be opened between the hours of nine and ten o’clock a. m., 
and shall be kept open until and closed at sunset. 

Poll-books furnished by ivhom. 

Sec. 16. That the tribunals transacting county business of the sev¬ 
eral counties shall cause to be furnished to the several boards of 
judges in their respective counties two poll-books for each election 
hereinbefore provided for, upon which the clerks of election shall 
inscribe the name of every person who may vote at the said elections. 

Counting the vote. 

Sec. 17. That after the closing of the polls at each of the aforesaid 
elections the judges of such election shall proceed to count the votes 
east, and designate the persons or objects for which they were cast, 
and shall make two correct tally-lists of the same. 

Return of poll-books. 

Sec. 18. That each of the boards of judges shall hold in safe-keep¬ 
ing one poll-book and tally-list, and the ballots cast at each respective 
election ; and shall, within ten days after such election, inclusive, 
cause the other poll-book and tally-list to be transmitted, by the hands 
of a sworn officer, to the clerk of the tribunal transacting county 
business of the counties in which said elections were holden, or to 
which the county may be attached for municipal purposes. 


KANSAS. 


11 


Canvass of votes.—Certified abstract to be sent to governor. 

Sec. 19. That the tribunals transacting county business shall as¬ 
semble at the county seats of their respective counties on the second 
Tuesday after each of said elections, and shall canvass the votes cast 
at the elections held in the several precincts in their respective counties 
and of the counties attached for municipal purposes. They shall 
hold in safe-keeping the poll-books and tally-lists of said elections, 
and shall, within ten days thereafter, transmit, by the hands of a 
sworn officer, to the governor of the Territory a certified abstract of 
the same, showing the number of votes cast for each person or object 
voted for, at each of the several precincts in their respective counties, 
and at each of the several precincts in the counties attached for mu¬ 
nicipal purposes, separately. 

Governor to issue his proclamation before each election. — Proclamation , 

how published. 

Sec. 20. That the governor of the Territory shall issue his procla¬ 
mation not less than twenty days next preceding each respective elec¬ 
tion provided for in this act. Said proclamation shall contain an an¬ 
nouncement of the several elections, the qualification of electors, the 
manner of conducting said elections, and of making the returns 
thereof as hereinbefore provided for, and shall publish such procla¬ 
mation in one newspaper in each of the several counties of this Ter¬ 
ritory in which a newspaper may be then published. 

Proclamation after each election. 

Sec. 21. That the governor of the Territory shall, on the fourth 
Tuesday after each of the said elections, issue his proclamation, and 
cause the same to be published in not less than three of the most 
prominent newspapers of Kansas Territory, declaring the result of 
the said elections in the several precincts of the several counties of 
the Territory of Kansas ; and he shall forthwith proceed to issue cer¬ 
tificates of election to all persons (if any) thus elected. 

Tie vote provided for. 

Sec. 22. That in case of a tie vote between candidates for any of 
the offices provided for in this act, or in case of a vacancy by death, 
resignation, or otherwise, the governor of the Territory shall issue 
his proclamation for a new election in the district in which such tie 
or vacancy may occur ; said proclamation to be issued not less than 
ten days next preceding said election. 

Violations of the provisions of this act , how punished. 

Sec. 23. That if any officer or person shall violate any of the pro¬ 
visions of this act, he shall be deemed guilty of a misdemeanor, and 




12 


KANSAS. 


subject to a fine of not less than twenty, nor more than five hundred 
dollars, or shall be imprisoned in the county jail for a period not ex¬ 
ceeding ten years, or both, at the discretion of the court; and it shall 
be the duty of the prosecuting attorneys of the several counties to 
prosecute, in the name and behalf of the Territory, all violations of 
the provisions of this act before any court having competent jurisdic¬ 
tion. 


Compensation of members and officers. 

Sec. 24. That the members of said constitutional convention, and 
all necessary officers thereof, shall receive for their services, each, the 
sum of three dollars per day ; and shall also receive three dollars for 
every twenty miles travel in going to and returning from said con¬ 
vention, said travel to be estimated by the nearest travelled route. 


Ten thousand dollars appropriated to pay expenses. 


Sec. 25. That the sum of ten thousand dollars, or so much thereof 
as may be necessary to carry out the provisions of this act, be, and the 
same is hereby, appropriated, out of any moneys in the treasury not 
otherwise appropriated, to defray the necessary expenses incident to 
the formation of said constitution and State government. 

Sec. 26. This act to take effect and be in force from and after its 
passage. 

A. LARZALERE, 

Speaker of House of Representatives . 


Approved February 11, 1859. 


C. W. BABCOCK, 
President of the Council. 


S. MEDARY, Governor. 


Executive Office, Kansas Territory, 

February 27, 1860. 


Gentlemfn : In reply to your request to furnish information con¬ 
cerning the number of votes cast at the several elections in relation to 
the Wyandott constitution, I herewith transmit the several procla¬ 
mations which contain the information you desire. 

Respectfully, 


To the House of Representatives. 


S. MEDARY. 


proclamation. 

In pursuance of the second section of an act passed by the last leg¬ 
islative assembly of the Territory of Kansas, entitled “An act pro¬ 
viding for the formation of a constitution and State government of the 
State of Kansas”— 





KANSAS. 


13 


I, Samuel Medary, governor of the Territory of Kansas, do pro¬ 
claim to the people thereof that, at an election held on the 28th day 
of March, 1859, as provided by law, the vote for and against a con¬ 
stitution and State government, as shown by the following table, 
to wit: 


Counties. 


Allen, (no returns)_____ 

Anderson__ 

Atchison ____ 

Bourbon_____ 

Breckinridge___ 

Brown and Broderick, (no returns)..... 

Butler ______ 

Chase and Clay, (no returns)___ 

Coffey ......... 

Davis and Dickinson, (no returns).... 

Doniphan_____ 

Douglas... 

Dorn and El Paso, (no returns)_-_ 

Franklin.. 

Frdmont, Godfrey, Greenwood, and Hunter, (no returns). 

Jackson....... 

Jefferson_____ 

Johnson------ 

Leavenworth......... 

Linn....... 


Lvkins, Marshal, and McGhee, Montana, (no returns). 

Morris.. 

Nemaha_ 

Oro and Osage, (no returns)... 

Pottawatomie...-.. 

Kiley. 


Shawnee_ 

Wabaunsee_ 

Washington and Wilson, (no returns). 

Wyandott___ 

Woodson__... 


■ 

o 


00 ^ 

il 

O 


J- 

C 


176 

308 

333 

313 


15 


184 


343 

405 


CD 

s 

o 

o 


92 


107 

219 

301 

989 

341 


63 

120 


66 

119 

359 

121 


254 

77 


5,306 


CD 

G 3 

to 

< 


7 

32 

47 

16 


134 


192 

164 


47 

202 

65 

272 

6 


14 

39 


29 

54 

67 


31 

4 


1,425 


si 

-M 

o 


183 

340 

380 

329 


17 


318 


535 

569 


93 


154 

421 

366 

1,261 

347 


78 

159 


95 

173 

426 

121 


285 

81 


6,731 


Whole number of votes cast for the constitution. 5,306 

Whole number of votes cast against the constitution. 1,425 

Whole number of votes cast for and against the constitution 6,731 

Majority for a constitution and State government. 3,881 


The following votes, not included in the above, were returned di¬ 
rectly to the executive office from the precincts where elections were 
held, instead of the county board. 

























































14 


KANSAS. 


Townships. 


Clinton_ 

St. Marysville 

Humboldt_ 

Cofachique ... 

Walnut. 

Plymouth.... 

Irving. 

Centropolis_ 


Counties. 

For constitu¬ 

tion. 

Against consti¬ 

tution. 

Total. 

* 

Douglas.. 

148 

6 

154 

Lykins__ 

19 

32 

51 

Allen __.... 

70 


70 

_do_ 

46 

16 

62 

Brown_ 

23 

3 

26 

_do_ 

48 


48 

_do___ 

56 


56 

Franklin_ 

24 

12 

36 

Total. 

433 

69 

502 


Given under the seal of the Territory, at Lecompton, this 16th day 
of April, A. D. 1859. 

S. MEDARY. 


[l. s.] 


PROCLAMATION. 

In pursuance of the 21st section of an act, approved February 11, 
1859, entitled “An act providing for the formation of a constitution and 
State government for the State of Kansas” 

I, Samuel Medary, governor of the Territory of Kansas, do issue 
this proclamation. 

The following tabular statement is a correct transcript of the 
aggregate vote polled in each of the several districts and counties, as 
returned to me and on tile in my office : 

FIRST DISTRICT. 

Leavenivorth county—Ten delegates. 


Samuel A. Stinson. 1,778 

Marcus J. Parrot. 1,358 

Wm. Perry. 1,708 

Roger F. Kelly. 1,286 

John P. Slough. 1,773 

Wm. Englesman. 1,267 

Frederick Brown. 1,738 

John E. Gould. 1,283 

William C. McDowal. 1,783 

Charles G. Foster. 1,298 

Samuel Hippie. 1,770 

Thomas Ewing, jr... 1,328 

Robert C. Foster. 1,761 

George W. Gardner. 1,304 

Adam D. McCune. 1,755 

Joshua Kellogg. 1,325 

John Wright. 1,731 




















































KANSAS. 


15 


George Dickenson. 1,288 

Pascals. Parks... 1,735 

B. W. Williams. 1,288 

Livins Hazen. 1 


SECOND DISTRICT. 

Atchison county—Three delegates . 

Kobert Graham. 433 J. J. Ingalls. 411 

K. H. Wrightman.. 342 F. Lambard. 325 

Caleb May.. 411 Scattering. 8 

J. W. Smith . 332 

THIRD DISTRICT. 

Doniphan county—Five delegates . 


B-. J. Porter. 

. 651 

Ben]. Wrigly. 

. 648 

Albert L. Lee. 

. 526 

E. Fleming. 

. 514 

J. W. Forman. 

. 694 

E. M. Hubbard. 

. 669 

F. Grube. 

. 540 

Wm. Lewis. 

. 558 

John Stairwall. 

. 684 

Scattering. 

. 6 

V. D. Markham. 

. 531 




FOURTH DISTRICT. 

Brown county—One delegate. 

Samuel A. Kingman. 93 Scattering. 2 

Samuel C. Shields. 19 

FIFTH DISTRICT. 

Nemaha county—One delegate. 

Thomas S. Wright... 74 Scattering. 3 

0. Bre. 11 

SIXTH DISTRICT. 

Marshall and Washington counties—One delegate . 

J. A. Middleton. 83 Scattering. 1 

J. D. Brumbaugh. 63 

SEVENTH DISTRICT. 

Jefferson county—One delegate . 

C. B. McLellan. 278 Henry Buckmaster. 249 


EIGHTH DISTRICT. 

Jackson ( Calhoun ) county—One delegate. 
Ephraim Moore.... 186 Aaron Foster. 


145 





































16 


KANSAS. 


NINTH DISTRICT. 

Riley county—One delegate. 

L. D. Houston. 104 Scattering. 

Amory Hunting. 34 

TENTH DISTRICT. 

Pottawatomie county —One delegate. 

L. R. Palmer. 73 Scattering. 4 

Uriah Cook. 69 

ELEVENTH DISTRICT. 


Johnson county—Two delegates. 


J. T. Barton.. 

. 375 

J. T. Burris. 

. 348 

David Martin.. 

. 346 

C. F. Stratton. 

. 331 


TWELFTH DISTRICT. 



Douglas county— 

-Seven delegates. 


James Blood. 

. 762 

W. C. Blood. 

. 766 

Charles Willemson. 335 

Thos. Majors. 

. 328 

S. O. Thatcher.... 

. 763 

P. H. Townsend. 

. 761 

G. A. Reynolds..., 

. 374 

J. L. Brown. 

. 323 

L. R. Williams..., 

. 769 

E. Stokes. 


J. Church. 

. 324 

R. C. Dicks. 

. 321 

Wm. Hutchinson, 

. 701 

Scattering... 


W. T. Spich. 

. 313 




THIRTEENTH DISTRICT. 

Shawnee county—Three delegates. 

John P. Greer,..., 

John Ritchie. 

H. D. Preston. 

Jeremiah Murphy 
Henry Fox. 


543 Hiram D. Preston. 60 

335 Edward Hoagland. 171 

325 J. Murphy. 153 

50 Scattering. 7 

170 


FOURTEENTH DISTRICT. 

Wabaunsee, ( Richardson,) Davis, Dickenson and Clay counties—One 

delegate. 


Wabaunsee. 


Edmond G. Ross. 105 

J. R. McClure. 19 

Scattering... 3 


Davis. 


Edmond G. Ross. 47 

J. R. McClure. 86 









































KANSAS. 


17 


Dickinson and Clay. Total. 


Not returned. Edmond G. Boss. 152 

J. R. McClure. 105 


FIFTEENTH DISTRICT. 

Lykins county—Two delegates. 

B. F. Simpson. 443 W. P. Dutton. 431 

Harry Torrey. 311 G. W. Cavert. c . 325 


SIXTEENTH DISTRICT. 

Franklin county—One delegate. 

James Hanway... 217 Scattering. 1 

Joab Torrey.... 116 


SEVENTEENTH DISTRICT. 


Osage , (Weller,) Breckinridge, Morris , and Chase (Wise) counties — 

Two delegates. 


Osage county. 


J. M. Winch ell. 55 

S. N. Wood. 1 

William McCullough. 56 


Breckinridge county. 


J. M. Winchell. 256 

S. N. Wood. 137 

William McCullough. 260 

W. J. Espey. 132 

Scattering. 2 


Morris county . 


J. M. Winchell. 5 

S. N. Wood. 71 

William McCullough. 5 

H. J. Espey. 63 


Chase county. 


S. N. Wood. 88 

H. J. Espey. 85 


Total. 


J. M. Winchell. 316 

William McCullough. 321 

S. N. Wood. 289 

H. J. Espy. 280 

Scattering. 2 


EIGHTEENTH DISTRICT. 

Linn county—Two delegates. 

J. M. Arthur. 455 Josiah Lamb... 446 

H. M. Dobyns. 315 J. Farris. 314 

H. Rep. Com. 255-2 



































18 


KANSAS. 


NINETEENTH DISTRICT. 

Anderson county—One delegate. 

J. G. Blunt. 98 Scattering. 8 

W. F. M. Arny. 93 

TWENTIETH DISTRICT. 


Coffey and Woodson counties—Tivo delegates. 


Coffey county. 


Woodson county. 


Allen Crocker.. 

... 157 

Allen Crocker. 


Samuel E. Hoffman. 

... 121 

Samuel E. Hoffman. 

... 66 

Hiram Hoover.. 

... 123 

Hiram Hoover. 

... 4 

J. D. Carney. 

... 107 



Scattering. 

... 7 




Total. 


Allen Crocker. 222 

Hiram Hoover. 127 

Samuel E. Hoffman. 187 

J. D. Carney.-. 107 

Scattering. 7 


TWENTY-FIRST DISTRICT. 

Madison, Hunter, Butler , Greenwood , Godfrey, and Wilson counties — 

One delegate. 

Madison county. 

George H. Lillie... 49 

Ho returns from the other counties. 

TWENTY-SECOND DISTRICT. 

Bourbon , McGhee, and Dorn counties—Two delegates. 

Bourbon county. 


J. C. Burnett. 281 

Ezra Gilbert... 229 

W. K. Griffith. 294 

Hugh Glenn. 220 

Scattering. 4 


Ho returns from McGhee and Dorn. 

























KANSAS. 


19 


TWENTY-THIRD DISTRICT. 
Allen county—One delegate. 


J. H. Signor. 175 

C. S. Clark. 169 

Wyandott county. 

J. E. Bennett. 295 

W. Y. Roberts. 237 

J. B. Welborn. 293 

Fielding Johnson. . 240 


And I therefore hereby proclaim the election of the following dele¬ 
gates in and for their respective districts, as members of the constitu¬ 
tional convention to assemble at Wyandotte, on the first Tuesday in 
July, A. D. 1859, as follows, (o wit: 

Leavenworth county. —Samuel A. Stinson, William Perry, John P. 
Slough, Frederick Brown, William C. McDowal, Samuel Hippie, 
Robert C. Foster, Adam D. McCune, John Wright, Pascal S. Parks. 

Atchison county. —Robert Graham, Caleb May, J. J. Ingalls. 

Doniphan county. —R. J. Porter, J. W. Forman, John Stairwalt, 
Benjamin Wrigley, E. M. Hubbard. 

Broiun county. —Samuel A. Kingman. 

Nemaha county. —Thomas S. Wright. 

Marshall and Washington counties. —J. A. Middleton. 

Jefferson county. —C. B. McLelland. 

Jackson {Calhoun) county. —Ephraim Moore. 

Riley county. —S. D. Houston. 

Pottaivatomie county. —Luther R. Palmer. 

Johnson county. —J. T. Barton and J. T. Burris. 

Douglas county. —James Blood, S. 0. Thatcher, L. R. Williams, 
William Hutchinson, N. C. Blood, P. H. Townsend, E. Stokes. 

Shaivnee county. —John P. Greer, John Ritchie, H. D. Preston. 

Wabaunsee , ( Richardson ,) Davis , Dickinson , and Clay counties .— 
Edmond G. Rose. 

Lykins county .—B. F. Simpson, B. F. Dutton. 

Franklin county. —James Han way. 

Osage , (Weller,) Breckinridge , Morris , and Chase {Wise) counties .— 
J. M. Wincliel, William McCullough. 

Linn county. —J. M. Arthur, Josiah Lamb. 

Anderson county. —J. G. Blunt. 

Coffey and Woodson counties. —Allen Crocker and Samuel E. Hoff¬ 
man. 

Madison , Butler , Hunter , Greenwood , Godfrey , and Wilson. —George 
PI. Lillie. • 

Bourbon , McGhee , and Dorn counties. —J. C. Burnett and W. R. 
Griffith. 

Allen county. —J. H. Signor. 

Given under my hand this 5th day of July, A. D. 1859. 

S. MEDARY. 








20 


KANSAS 


PROCLAMATION. 

In pursuance of the 21st section of the act providing for the forma¬ 
tion of a constitution and State government for the State of Kansas, 
passed February 11, 1859, I, Samuel Medary, governor of the Terri¬ 
tory of Kansas, do hereby proclaim the result of the election held on 
the 4th day of October, 1859, “for” and “against” the constitu¬ 
tion made in convention at Wyandott, on the 29th day of July last, 
and “for” and “against” the homestead , as follows: 


Names of counties. 

For constitution. 

Against constitution. 

For homestead. 

Against homestead. 

Allen. 

244 

159 

201 

152 

Anderson.-. 

266 

80 

206 

109 

Arapahoe—no returns_ 





Atchison.-. 

684 

581 

412 

587 

Bourbon..... 

464 

256 

530 

102 

Breckinridge..... 

545 

26 

425 

19 

Brown__ 

269 

103 

173 

163 

Butler._ 

27 

1 

28 


Chase and l Noretums . 




Clay, j 





Coffey. 

434 

121 

360 

115 

Davis and i Noretums . 





Dickinson, ) 





Doniphan----- 

743 

630 

592 

690 

Douglas..... 

1,442 

383 

1,325 

314 

Dorn—no returns.... 





Franklin----- 

301 

111 

252 

111 

Greenwood..... 

34 

16 

33 

8 

Hunter—no returns. 





Jackson...... 

224 

170 

138 

185 

Jefferson---- 

392 

354 

345 

137 

Johnson..... 

373 

377 

316 

113 

Leavenworth ... 

1,143 

1,088 

1,019 

1,045 

Linn..... 

549 

157 

455 

169 

Lykins___ 

492 

225 

455 

225 

Madison. 

82 

4 

60 

13 

Marshall and l Noreturns . 





McGhee, ) 





Morris--- 

25 

50 

22 

23 

Nemaha ..... 

200 

44 

104 

63 

Osage_-_ 

44 


AO 

o 

Pottawatomie_ 

93 

68 

76 

L 

49 

Riley -....— __ 

296 

128 

292 

52 

Shawnee__ 

671 

109 

666 

60 

Wabaunsee____ 

110 

14 

.65 

17 

Washington, } 





Wilson, and >No returns_ 





Woodson, ) 





Wyandotte_ 

274 

205 

166 

260 

Total. 

10,421 

5,530 

8,788 

4,772 






















































KANSAS. 


21 


For the constitution, 10,421 ; against the constitution, 5,530. 

For homestead, 8,788 ; against homestead, 4,772. 

Given under the seal of the Territory, at Lecompton, this 1st day of 
November, 1859. 

[l. s.] S. MEDARY. 

Execdtive Office, 

Kansas Territory , February 27, 1860. 

I hereby certify that the foregoing are true copies of the several 
proclamations issued by me announcing the votes cast at the different 
elections held in relation to the constitution framed at Wyandott, in 
July last. 

S. MEDARY. 


CONSTITUTION OF THE STATE OF KANSAS, ADOPTED AT WYANDOTT, JULY 29, ’59. 

ORDINANCE. 

Whereas the government of the United States is the proprietor of 
a large portion of the lands included in the limits of the State of 
Kansas as defined by this constitution ; and whereas the State of 
Kansas will possess the right to tax said lands for purposes of govern¬ 
ment, and for other purposes: Now, therefore, he it ordained by the 
people of Kansas, that the right of the State of Kansas to tax such 
lands is relinquished forever, and the State of Kansas will not inter¬ 
fere with the title of the United States to such lands, nor with any 
regulation of Congress in relation thereto, nor tax non-residenfs higher 
than residents : Provided , always, that the following conditions be 
agreed to by Congress : 

Section 1 . Sections numbered sixteen and thirty-six in each town¬ 
ship in the State, including Indian reservations and trust lands, shall 
be granted to the State for the exclusive use of common schools ; and 
when either of said sections, or any part thereof, has been disposed 
of, other lands of equal value, as nearly contiguous thereto as possi¬ 
ble, shall be substituted therefor. 

Sec. 2. That seventy-two sections of land, shall be granted to the 
State for the erection and maintenance of a State University. 

Sec. 3. That thirty-six sections shall be granted to the State for the 
erection of public buildings. 

Sec. 4. That seventy-two sections shall be granted to the State for 
the erection and maintenance of charitable and benevolent institutions. 

Sec. 5. That all salt springs, not exceeding twelve in number, with 
six sections of land adjacent to each, together with all mines, with 
the lands necessary for their full use, shall be granted to the State for 
works of public improvement. 

Sec. 6. That five per centum of the proceeds of the public lands 
in Kansas, disposed of after the admission of the State into the 
Union, shall be paid to the State for a fund, the income of which 
shall be used for the support of common schools. 



22 


KANSAS. 


Sec. 7. That the five hundred thousand acres of land to which the 
State is entitled under the act of Congress, entitled “ An act to ap¬ 
propriate the proceeds of the sales of public lands and grant pre-emp¬ 
tion rights/’ approved September 4, 1841, shall be granted to the 
State for the support of common schools. 

Sec. 8. That the lands hereinbefore mentioned shall be selected in 
such manner as may be prescribed by law ; such selections to be sub¬ 
ject to the approval of the Commissioner of the General Land Office 
of the United States. 


PREAMBLE. 

We, the people of Kansas, grateful to Almighty God for our civil 
and religious privileges, in order to insure the full enjoyment of our 
rights as American citizens, do ordain and establish this constitution 
of the State of Kansas, with the following boundaries, to wit : Be¬ 
ginning at a point on the western boundary of the State of Missouri, 
where the thirty-seventh parallel of north latitude crosses the same ; 
thence running west on said parallel to the twenty-fifth meridian of 
longitude west from Washington ; thence north on said meridian to 
the fortieth parallel of north latitude ; thence east on said parallel to 
the western boundary of the State of Missouri; thence south with the 
western boundary of said State to the place of beginning. 

BILL OE RIGHTS. 

Section 1. All men are possessed of equal and inalienable natural 
rights, among which are life, liberty, and the pursuit of happiness. 

Sec. 2. All political power is inherent in the people, and all free 
governments are founded on their authority, and are instituted for 
their equal protection and benefit. No special privileges or immu¬ 
nities shall ever be granted by the legislature, which may not be 
altered, revoked or repealed by the same body; and this power shall 
be exercised by no other tribunal or agency. 

Sec. 3. The people have the right to assemble in a peaceable man¬ 
ner to consult for their common good, to instruct their representatives, 
and to petition the government, or any department thereof, for the 
redress of grievances. 

Sec. 4. The people have the right to bear arms for their defence and 
security ; but standing armies, in time of peace, are dangerous to lib¬ 
erty and shall not be tolerated, and the military shall be in strict 
subordination to the civil power. 

Sec. 5. The right of trial by jury shall be inviolate. 

Sec. 6. There shall be no slavery in this State, and no involuntary 
servitude, except for the punishment of crime, whereof the party shall 
have been duly convicted. 

Sec. 7. The right to worship God according to the dictates of con¬ 
science shall never be infringed ; nor shall any person be compelled 
to attend or support any form of worship, nor shall any control of, or 
interference with the rights of conscience be permitted, nor any pre¬ 
ference be given by law to any religious establishment or mode of wor¬ 
ship. No religious test or property qualification shall be required for 


KANSAS. 23 

any office of public trust, nor for any vote at any election, nor shall 
any person be incompetent to testify on account of religions belief. 

Sec. 8. The right to the writ of habeas corpus shall not be suspended, 
unless the public safety requires it in case of invasion or rebellion. 

Sec. 9. All persons shall be bailable by sufficient surities, except 
for capital offences, where proof is evident or the presumption great. 
Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel or unusual punishment inflicted. 

Sec. 10. In all prosecutions the accused shall be allowed to appear 
and defend in person, or by counsel; to demand the nature and cause 
of the accusation against him; to meet the witness face to face, and to 
have compulsory process to compel the attendance of witnesses in his 
behalf, and a speedy public trial by an impartial jury of the county or 
district in which the offence is alleged to have been committed. No 
person shall be a witness against himself, or be twice put in jeopardy 
lor the same offence. 

Sec. 11. The liberty of the press shall be inviolate; and all persons 
may freely speak, write, or publish their sentiments on all subjects, 
being responsible for the abuse of such right; and in all civil or crim¬ 
inal actions for libel, the truth may be given in evidence to the jury, 
and if its hall appear that the alleged libellous matter was published 
for justifiable ends, the accused party shall be acquitted. 

Sec. 12. No person shall be transported from the State for any 
offence committed within the same, and no conviction in the State 
shall work a corruption of blood or forfeiture of estate. 

Sec. 13 Treason shall consist only in levying war against the State, 
adhering to its enemies, or giving them aid and comfort. No person 
shall be convicted of treason unless on the evidence of two witnesses 
to the overt act, or confession in open court. 

Sec. 14. No soldier shall, in time of peace, be quartered in any 
house without the consent of the occupant, nor in time of war, except 
as prescribed by law. 

Sec. 15. The right of the people to be secure in their persons and 
property against unreasonable searches and seizures shall be inviolate, 
and no warrant shall issue but on probable cause, supported by 
oath or affirmation, particularly describing the place to be searched 
and the persons or property to be seized. 

Sec. 16. No person shall be imprisoned for debt except in cases of 
fraud. 

Sec. IT. No distinction shall ever be made between citizens and 
aliens in reference to the purchase, enjoyment, or descent of property. 

Sec. 18. All persons, for injuries suffered in person, reputation, or 
property, shall have remedy by due course of law, and justice admin¬ 
istered without delay. 

Sec. 19. No hereditary emoluments, honors, or privileges shall ever 
be granted or conferred by the State. 

Sec. 20. This enumeration of rights shall not be construed to impair 
or deny others retained by the people; and all powers not herein dele¬ 
gated remain with the people. 


i 



24 


KANSAS. 


ARTICLE I.—EXECUTIVE. 

Section 1. The executive department shall consist of a governor- 
lieutenant governor, secretary of state, auditor, treasurer, attorney 
general, and superintendent of public instruction, who shall be chosen 
by the electors of the State at the time and place of voting for mem¬ 
bers of the legislature, and shall hold their offices for the term of two 
years from the second Monday of January next after their election, 
and until their successors are elected and qualified. 

Sec. 2. Until otherwise provided by law, an abstract of the returns 
of every election for the officers named in the foregoing section shall 
be sealed up and transmitted by the clerks of the boards of canvassers 
of the several counties to the secretary of state, who, with the lieuten¬ 
ant governor and attorney general, shall constitute a board of State 
canvassers, whose duty it shall be to meet at the-State capitol on the 
second Tuesday of December succeeding each election for State officers 
and canvass the vote for such officers and proclaim the result; but in 
case any two or more have an equal and the highest number of votes, 
the legislature shall by joint ballot choose one of said persons so hav¬ 
ing an equal and the highest number of votes for said office. 

Sec. 3. The supreme executive power of the State shall be vested 
in a governor, who shall see that the laws are faithfully executed. 

Sec. 4. He may require information in writing from the officers of 
the executive department upon any subject relating to their respective 
duties. 

Sec. 5. He may, on extraordinary occasions, convene the legislature 
by proclamation, and shall at the commencement of every session 
communicate in writing such information as he may possess in refer¬ 
ence to the condition of the State, and recommend such measures as 
he may deem expedient. 

Sec. 6. In case of disagreement between the two houses in respect 
to the time of adjournment, he may adjourn the legislature to such 
time as he may think proper, not beyond its regular meeting. 

Sec. 7. The pardoning power shall be vested in the governor, under 
regulations and restrictions prescribed by law. 

Sec. 8. There shall be a seal of the State, which shall be kept by 
the governor and used by him officially, and which shall be the great 
seal of Kansas. 

Sec. 9. All commissions shall be issued in the name of the State of 
Kansas ; signed by the governor, countersigned by the secretary of 
state, and sealed with the great seal. 

Sec. 10. No member of Congress, or officer of the State or of the 
United States, shall hold the office of governor, except as herein pro¬ 
vided. 

Sec. 11. In case of the death, impeachment, resignation, removal, 
or other disability of the governor, the power and duties of the office 
for the residue of the term, or until the disability shall be removed, 
shall devolve upon the president of the senate. 

Sec. 12. The lieutenant governor shall be president of the senate, 
and shall vote only when the senate is equally divided. The senate 


KANSAS. 25 

shall choose a president pro tempore to preside in case of his absence 
or impeachment, or when he shall hold the office of governor. 

Sec. 13. If the lieutenant governor, while holding the office of gov¬ 
ernor, shall be impeached or displaced, or shall resign, or die, or 
otherwise become incapable of performing the duties of the office, the 
president of the senate shall act as governor until the vacancy is filled 
or the disability removed ; and if the president of the senate, for any 
of the above causes, shall he rendered incapable of performing the 
duties pertaining to the office of governor, the same shall devolve upon 
the speaker of the house of representatives. 

Sec. 14. Should either the secretary of state, auditor, treasurer, 
attorney general, or superintendent of public instruction, become 
incapable of performing the duties of his office for any of the causes 
specified in the thirteenth section of this article, the governor shall 
fill the vacancy until the disability is removed or a successor is elected 
and qualified. Every such vacancy shall be filled by election at the 
first general election that occurs more than thirty days after it shall 
have happened ; and the person chosen shall hold the office for the 
unexpired term. 

Sec. 15. The officers mentioned in this article shall, at stated times, 
receive for their services a compensation to be established by law, 
which shall neither be increased nor diminished during the period for 
which they shall have been elected. 

Sec. 16. The officers of the executive department, and of all public 
institutions, shall, at least ten days preceding each regular session of 
the legislature, severally report to the governor, who shall transmit 
such reports to the legislature. 

ARTICLE II.—LEGISLATIVE. 

Section 1. The legislative power of this State shall be vested in a 
house of representatives and senate. 

Sec. 2. The first house of representatives under this constitution 
shall consist of seventy-five members, who shall be chosen for one year. 
The first senate shall consist of twenty-five members, who shall be 
chosen for two years. After the first election the number of senators 
and members of the house of representatives shall be regulated by law, 
but shall never exceed one hundred representatives and thirty-three 
senators. 

Sec. 3. The members of the legislature shall receive, as compensa¬ 
tion for their services, the sum of three dollars for each day’s actual 
service at any regular or special session, and fifteen cents for each mile 
travelled by the usual route in going to and returning from the place 
of meeting ; but such compensation shall not, in the aggregate, exceed 
the sum of two hundred and forty dollars for each member as per diem 
allowance for the first session held under this constitution, nor more 
than one hundred and fifty dollars for each session thereafter, nor more 
than ninety dollars for any special session. 

Sec. 4. No person shall be a member of the legislature who is not 
at the time of election a qualified voter of and a resident in the county 
or district from which he is elected. 

Sec. 5. No member of Congress or officer of the United States shall 


26 


KANSAS. 


be eligible to a seat in the legislature. If any person, after his elec¬ 
tion to the legislature, be elected to Congress, or elected or appointed 
to any office under the United States, his acceptance thereof shall 
vacate his seat. 

Sec. 6. No person convicted of embezzlement or misuse of the public 
funds shall have a seat in the legislature. 

Sec. 7. - All State officers, before entering upon their respective du¬ 
ties, shall take and subscribe an oath or affirmation to support the 
Constitution of the United States and the constitution of this State, and 
faithfully to discharge the duties of their respective offices. 

Sec. 8. A majority of each house shall constitute a quorum. Each 
house shall establish its own rules, and shall be judge oft he election 
returns and qualifications of its own members. 

Sec. 9. All vacancies occurring in either house shall be filled for the 
unexpired term by election. 

Sec. 10. Each house shall keep and publish a journal of its proceed¬ 
ings. The yeas and nays shall be taken and entered immediately on 
the journal upon the final passage of every bill or joint resolution. 
Neither house, without the consent of the other, shall adjourn for more 
than two days, (Sundays excepted.) 

Sec. 11. Any member of either house shall have the right to protest 
against any act or resolution ; and such protest shall, without delay 
or alteration, be entered on the journal 

Sec. 12. All bills shall originate in the house of representatives, 
and be subject to amendment or rejection by the senate. 

Sec. 13. A majority of all the members elected to each house, voting 
in the affirmative, shall be necessary to pass any bill or joint resolu¬ 
tion. 

Sec. 14. Every bill and joint resolution passed by the house of repre¬ 
sentatives and senate shall, within two days thereafter, be signed by 
the presiding officers, and presented to the governor ; if he approve 
he shall sign it; but if not he shall return it to the house of repre¬ 
sentatives, which shall enter the objections at large upon its journal, 
and proceed to reconsider the same. If, after such reconsideration, 
two-thirds of the members elected shall agree to pass the bill or reso¬ 
lution, it shall be sent, with the objections, to the senate, by which it 
shall likewise be reconsidered ; and if approved by two-thirds of all 
the members elected, it shall become a law. But in all such cases the 
vote shall be taken by yeas and nays, and entered upon the journals 
of each house. If any bill shall not be returned within three days 
(Sundays excepted) alter it shall have been presented to the governor, 
it shall become a law in like manner as if he had signed it, unless the 
legislature, by its adjournment, prevent its return, in which case it 
shall not become a law. 

Sec. 15. Every bill shall be read on three separate days in each 
house, unless in case of emergency. Two-thirds of the house where 
such bill is pending may, if deemed expedient, suspend the rules ; but 
the reading of the bill by sections, on its final passage, shall in no case 
be dispensed with. 

Sec. 16. No bill shall contain more than one subject, which shall 
be clearly expressed in its title ; and no law shall be revived or amended 


KANSAS. 


27 


unless the new act contain the entire act revived or the section or sec¬ 
tions amended, and the section or sections so amended shall be re¬ 
pealed. 

Sec. 17. All laws of a general nature shall have a uniform operation 
throughout the State, and in all cases where a general law can be 
made applicable no special law shall be enacted. 

Sec. 18. All power to grant divorces is vested in the district courts, 
subject to regulation by law. 

Sec. 19. The legislature shall prescribe the time when its acts shall 
be in force, and shall provide for the speedy publication of the same; 
and no law of a general nature shall be in force until the same be pub¬ 
lished. It shall have the power to provide for the election or appoint¬ 
ment of all officers, and the filling of all vacancies not otherwise pro¬ 
vided for in this constitution. 

Sec. 20. The enacting clause of all laws shall be, te Be it enacted 
by the legislature of the State of Kansas and no law shall be enacted 
except by bill. 

Sec. 21. The legislature may confer upon tribunals transacting the 
county business of the several counties such powers of local legisla¬ 
tion and administration as it shall deem expedient. 

Sec. 22. For any speech or debate in either house the members 
shall not be questioned elsewhere. No member of the legislature shall 
be subject to arrest, except for felony or breach of the peace, in going to 
or returning from the place of meeting, or during the continuance of 
the session ; neither shall he be subject to the service of any civil pro¬ 
cess during the session, nor for fifteen days previous to its commence¬ 
ment. 

Sec. 23. The legislature, in providing for the formation and regula¬ 
tion of schools, shall make no distinction between the rights of males 
and females. 

Sec. 24. No money shall be drawn from the treasury except in pur¬ 
suance of a specific appropriation made by law ; and no appropria¬ 
tion shall be for a longer term than one year. 

Sec. 25. All sessions of the legislature shall be held at the State 
capitol, and all regular sessions shall commence annually on the second 
Tuesday of January. 

Sec. 26. The legislature shall provide for taking an enumeration of 
the inhabitants of the State at least once in ten years. The first 
enumeration shall be taken in A. D. 1865. 

Sec. 27. The house of representatives shall have the sole power to 
impeach. All impeachments shall be tried by the senate ; and when 
sitting for that purpose the senators shall take an oath to do justice 
according to the law and the evidence. No person shall be convicted 
without the concurrence of two-thirds of the senators elected. 

Sec. 28. The governor and all other officers under this constitution 
shall be subject to impeachment for any misdemeanor in office ; but 
judgment in all such cases shall not he extended further than to removal 
from office and disqualification to hold any office of profit, honor, or 
trust under this constitution ; but the party, whether acquitted or con¬ 
victed, shall be liable to indictment, trial, judgment, and punishment 
according to law. 




28 


KANSAS. 


ARTICLE III.—JUDICIAL. 

Section 1. The judicial power of this State shall be vested in a supreme 
court, district courts, probate courts, justices of the peace, and such 
other courts, inferior to the supreme court, as may be provided by law ; 
and all courts of record shall have a seal to be used in the athentica- 
tion of all process. 

Sec. 2. The supreme court shall consist of one chief justice and two 
associate justices, a majority of whom shall constitute a quorum, who 
shall he elected by the electors of the State at large, and whose term 
of office, after the first, shall be six years. At the first election a 
chief justice shall be chosen for six years, one associate justice for four 
years, and one for two years. 

Sec. 3. The supreme court shall have original jurisdiction in pro¬ 
ceedings in quo warranto , mandamus , and habeas corpus , and such appel¬ 
late jurisdiction as may be provided by law. It shall hold one term 
each year at the seat of government, and such other terms at such 
places as may be provided by law, and its jurisdiction shall be coexten¬ 
sive with the State. 

Sec. 4. There shall be appointed by the justices of the supreme 
court a reporter and clerk of said court, who shall hold their offices 
two years, and whose duties shall be prescribed by law. 

Sec. 5. The State shall be divided into five judicial districts, in each 
of which there shall be elected, by the electors thereof, a district judge, 
who shall hold his office for the term of four years. District courts 
shall be held at such times and places as may be provided by law. 

Sec. 6. The district courts shall have such jurisdiction in their re¬ 
spective districts as may be provided by law. 

Sec. 7. There shall be elected in each organized county a clerk of 
the district court, who shall hold his office two years, and whose duties 
shall be prescribed by law. 

Sec. 8. There shall be a probate court in each county, which shall 
be a court of record, and have such probate jurisdiction and care of 
estates of deceased persons, minors, and persons of unsound minds 
as may be prescribed by law, and shall have jurisdiction in cases of 
habeas corpus. This court shall consist of one judge, who shall be 
elected by the qualified voters of the county, and hold his office 
two years. He shall be his own clerk, and shall hold court at such 
times and receive for compensation such fees as may be prescribed by law. 

Sec. 9. Two justices of the peace shall be elected in each township, 
whose term of office shall be two years, and whose powers and duties 
shall be prescribed by law. The number of justices of the peace may 
be increased in any township by law. 

Sec. 10. All appeals from probate courts and justices of the peace 
shall be to the district court. 

Sec. 11. All the judicial officers provided for by this article shall 
be elected at the first election under the constitution, and shall reside 
in their respective townships, counties, or districts during their re¬ 
spective terms of office. In case of vacancy in any judicial office, it 
shall be filled by appointment of the governor until the next regular 


KANSAS. 29 

election that shall occur more than thirty days after such vacancy 
shall have happened. 

Sec. 12. All judicial officers shall hold their offices until their suc¬ 
cessors shall have qualified. 

Sec. 13. The justices of the supreme court and judges of the dis¬ 
trict courts shall, at stated times, receive for their services such com¬ 
pensation as may be provided by law, which shall not he increased 
during their respective terms of office ; provided , such compensation 
shall not he less than fifteen hundred dollars to each justice or judge, 
each year, and such justices or judges shall receive no fees or per¬ 
quisites, nor hold any other office of profit or trust under the au¬ 
thority of the State or the United States during the term of office 
for which such justices and judges shall he elected, nor practice law 
in any of the courts in the State during their continuance in office. 

Sec. 14. Provision may he made by law for the increase of the 
number of judicial districts whenever two-thirds of the members of 
each house shall concur. Such districts shall be formed of compact 
territory, and bounded by county lines, and such increase shall not 
vacate the office of any judge. 

Sec. 15. Justices of the supreme court and judges of the district 
courts may be removed from office by resolution of both houses, if 
two-thirds of the members of each house concur. But no such re¬ 
moval shall be made except upon complaint, the substance of which 
shall be entered upon the journal, nor until the party charged shall 
have had notice and opportunity to be heard. 

Sec. 16. The several justices and judges of the courts of record in 
this State shall have such jurisdiction at chambers as may he provided 
by law. 

Sec. 17. The style of all process shall be “The State of Kansas,” 
and all prosecutions shall he carried on in the name of the State. 

Sec. 18. Until otherwise provided by law, the first district shall 
consist of the counties of Wyandott, Leavenworth, Jefferson, and 
Jackson. The second district shall consist of the counties of Atchison, 
Doniphan, Brown, Nemaha, Marshall, and Washington. The third 
district shall consist of the counties of Pottawatomie, Riley, Clay, 
Dickinson, Davis, Wabaunsee, and Shawnee. The fourth district 
shall consist of the counties of Douglas, Johnson, Lykins, Franklin, 
Anderson, Linn, Bourbon, and Allen. The fifth district shall consist 
of the counties of Osage, Coffey, Woodson, Greenwood, Madison, Breck¬ 
inridge, Morris, Chase, Butler, and Hunter. 

Sec. 19. New or unorganized counties shall, by law, he attached for 
judicial purposes to the most convenient judicial district. 

Sec. 20. Provisions shall he made by law for the selection, by the 
bar, of a pro tem. judge of the district court when the judge is absent 
or otherwise unable or disqualified to sit in any case. 

ARTICLE IV.—ELECTIONS. 

Section 1. All elections by the people shall be by ballot; and all 
elections by the legislature shall be viva voce. 

Sec. 2. General elections shall be held annually on the Tuesday 
succeeding the first Monday in November. Township elections shall 
be held on the first Tuesday of April until otherwise provided by law. 


30 


KANSAS 


ARTICLE V.—SUFFRAGE. 

Section 1. Every white male person of twenty-one years and up¬ 
wards, belonging to either of the following classes—who shall have 
resided in Kansas six months next preceding any election, and in the 
township or ward in which he offers to vote at least thirty days next 
preceding such election—shall be deemed a qualified elector : 

1st. Citizens of the United States ; 2d, persons of foreign birth 
who shall have declared their intention to become citizens, conforma¬ 
bly to the laws of the United States on the subject of naturalization. 

Sec. 2. No person under guardianship, non compos mentis , or in¬ 
sane shall be qualified to vote, nor any person convicted of treason or 
felony, unless restored to civil rights. 

Sec. 3. No soldier, seaman, or marine in the army or navy of the 
United States, or of their allies, shall be deemed to have acquired a 
residence in the State in consequence of being stationed within the 
same ; nor shall any soldier, seaman, or marine have the right to vote. 

Sec. 4. The legislature shall pass such laws as may be necessary 
for ascertaining, by proper proofs, the citizens who shall be entitled to 
the right of suffrage hereby established. 

Sec. 5. Every person who shall give or accept a challenge to fight a 
duel, or who shall knowingly carry to another person such challenge, 
or shall go out of the State to fight a duel, shall be ineligible to any 
office of trust or profit. 

Sec. 6. Every person who shall have given or offered a bribe to pro¬ 
cure his election shall be disqualified from holding office during the 
term for which he may have been elected. 

Sec. 7. Electors, during their attendance at elections, and in going to 
and returning therefrom, shall be privileged from arrest in all cases 
except treason, felony, or breach of the peace. 

article vi.—education. 

Section 1. The State superintendent of public instruction shall have 
the general supervision of the common school fund and educational 
interests of the State, and perform such other duties as may be pre¬ 
scribed by law. A superintendent of public instruction shall be 
elected in each county, whose term of office shall be two years, and 
whose duties and compensation shall be prescribed by law. 

Sec. 2. The legislature shall encourage the promotion of intellec¬ 
tual, moral, scientific, and agricultural improvement by establishing 
a uniform system of common schools, and schools of a higher grade, 
embracing normal, preparatory, collegiate, and university depart¬ 
ments. 

Sec. 3. The proceeds of all lands that have been or may be granted 
by the United States to the State for the support of schools, and the 
five hundred thousand acres of land granted to the new States under 
an act of Congress distributing the proceeds of public lands among the 
several States of the Union, approved September 4, A. D. 1841, and 
all estates of persons dying without heir or will, and such per cent. 


KANSAS. 


31 


as may be granted by Congress on the sale of lands in this State, shall 
be the common property of the State, and shall be a perpetual school 
tund, which shall not be diminished, but the interest ot which, together 
with all the rents of the lands and such other means as the legislature 
may provide by tax or otherwise, shall be inviolably appropriated to 
the support of common schools. 

Sec. 4. The income of the State school funds shall be disbursed 
annually, by order of the State superintendent, to the several county 
treasurers, and thence to the treasurers of the several school districts, 
in equitable proportion to the number of children and youth resident 
therein between the ages of five and twenty-one years : Provided , That 
no school district in which a common school has not been maintained 
at least three months in each year shall be entitled to receive any 
portion of such funds. 

Sec. 5. The school lands shall not be sold unless such sale shall be 
authorized by a vote of the people at a general election ; but, subject 
to revaluation every five years, they may be leased for any number 
of years not exceeding twenty-five, at a rate established by law. 

Sec. 6. All money which sh^ll be paid by persons as an equivalent 
for exemption from military duty, the clear proceeds of estrays, 
ownership of which shall rest in the taker-up, and the proceeds of 
fines for any breach of the penal laws, shall be exclusively applied in 
the several counties in which the money is paid or fines collected to 
the support of common schools. 

Sec. 7. Provision shall be made by law for the establishment, at 
some eligible and central point, of a State university for the promotion 
of literature and the arts and sciences, including a normal and an 
agricultural department. All funds arising from the sale or rents of 
lands granted by the United States to the State for the support of a 
State university, and all other grants, donations, or bequests, either 
by the State or by individuals, for such purpose, shall remain a per¬ 
petual fund, to be called the u University Fund, 7 ’ the interest of 
which shall be appropriated to the support of the State university. 

Sec. 8. No religious sect or sects shall ever control any part of the 
common school or university funds of the State. 

Sec. 9. The State superintendent of public instruction, secretary of 
state, and attorney general shall constitute a board of commissioners 
for the management and investment of the school funds. Any two of 
said commissioners shall be a quorum. 

ARTICLE VII.—PUBLIC INSTITUTIONS. 

Section. 1. Institutions for the benefit of the insane, blind, and deaf 
and dumb, and such other benevolent institutions as the public good may 
require, shall be fostered and supported by the State, subject to such 
regulations as may be prescribed by law. Trustees of such benevolent 
institutions as may be hereafter created shall be appointed by the 
governor, by and with the advice and consent of the senate; and 
upon all nominations made by the governor the question shall be 
taken in yeas and nays and entered upon the journal. 


32 


KANSAS. 


Sec. 2. A penitentiary shall be established, the directors of which 
shall be appointed or elected as prescribed by law. 

Sec. 3. The governor shall till any vacancy that may occur in the 
offices aforesaid until the next session of the legislature, and until a 
successor to his appointee shall he confirmed and qualified. 

Sec. 4. The respective counties of the State shall provide, as may 
he prescribed by law, for those inhabitants who, by reason of age, 
infirmity, or other misfortune, may have claims upon the sympathy 
and aid of society. 


ARTICLE VIII.—MILITIA. 

Section 1. The militia shall be composed of all able-bodied white male 
citizens between the ages of twenty-one and forty-five years, except 
such as are exempted by the laws of the United States or of this 
State ; but all citizens of any religious denomination whatever, who, 
from scruples of conscience, may be averse to bearing arms, shall be 
exempted therefrom upon such conditions as may be prescribed by 
law. 

Sec. 2. The legislature shall provide for organizing, equipping, and 
disciplining the militia in such manner as it shall deem expedient, not 
incompatible with the laws of the United States. 

Sec. 3. Officers of the militia shall be elected or appointed and 
commissioned in such manner as may be provided by law. 

Sec. 4. The governor shall be commander-in-chief, and shall have 
power to call out the militia to execute the laws, to suppress insurrec¬ 
tion, and to repel invasion. 

ARTICLE IX.—COUNTY AND TOWNSHIP ORGANIZATION. 

Section 1. The legislature shall provide for organizing new counties, 
locating county seats, and changing county lines ; but no county 
seat shall be changed without the consent of a majority of the electors 
of the county, nor any county organized, nor the lines of any county 
changed, so as to include an area of less than four hundred and thirty- 
two square miles. 

Sec. 2. The legislature shall provide for such county and township 
officers as may be necessary. 

Sec. 3. All county officers shall hold their offices for the term of 
two years, and until their successors shall be qualified ; but no person 
shall hold the office of sheriff or county treasurer for more than two 
consecutive terms. 

Sec. 4. Township officers, except justices of the peace, shall hold 
their offices one year from the Monday next succeeding their election, 
and until their successors are qualified. 

Sec. 5. All county and township officers may be removed from office 
in such manner and for such cause as shall be prescribed by law. 

ARTICLE X.—APPORTIONMENT. 

Section 1 . In the future apportionment of the State, each organized 
county shall have at least one representative, and each county shall 
be divided into as many districts as it has representatives. 


KANSAS. 


33 


Sec. 2. It shall be the duty of the first legislature to make an 
apportionment, based upon the census ordered by the last legislative 
assembly of the Territory ; and a new apportionment shall he made 
in the year 1866, and every five years thereafter, based upon the 
census of the preceding year. 

Sec. 3. Until there shall he a new apportionment, the State shall 
be divided into election districts ; and representatives and senators 
shall he apportioned among the several districts as follows, viz : 

1st district, Doniphan, four repiesentatives, two senators ; 2d dis¬ 
trict, Atchison and Brown, six representatives, two senators ; 3d dis¬ 
trict, Nemaha* Marshall, and Washington, two representatives, one 
senator; 4th district, Clay, Riley, and Pottawatomie, four repre¬ 
sentatives, one senator ; 5th district, Dickinson, Davis, and Wabaun¬ 
see, three representatives, one senator ; 6th district, Shawnee, Jackson, 
and Jefferson, eight representatives, two senators ; 7th district, Leav¬ 
enworth, nine representatives, three senators ; 8th district, Douglas 
Johnson, and Wyandott, thirteen representatives, four senators ; 9th 
district, Lykins, Linn, and Bourbon, nine representatives, three 
senators ; 10th district, Allen, Anderson, and Franklin, six repre¬ 
sentatives, two senators ; 11th district, Woodson and Madison, two 
representatives, one senator ; 12th district, Coffey, Osage, and Breck¬ 
inridge, six representatives, two senators ; 13th district, Morris, 
Chase, and Butler, two representatives, one senator ; 14th district, 
Arapahoe, Godfrey, Greenwood, Hunter, Wilson, Dorn, and McGhee, 
one representative. 

ARTICLE XI.—FINANCE AND TAXATION. 

. Section 1. The legislature shall provide for a uniform and equal rate 
of assessment and taxation ; hut all property used exclusively for 
State, county, municipal, literary, educational, scientific, religious, 
benevolent, and charitable purposes, and personal property to the 
amount of at least two hundred dollars for each family, shall he 
exempted from taxation. 

Sec. 2. The legislature shall provide for taxing the notes and bills 
discounted or purchased, moneys loaned, and other property, effects, 
or dues of every description, (without deductions of all banks now 
existing, or hereafter to he created, and of all bankers,) so that all 
property employed in hanking shall always hear a burden of taxation 
equal to that imposed upon the property of individuals. 

Sec. 3. The legislature shall provide, each year, for raising revenue 
sufficient to defray the current expenses of the State. 

Sec. 4. No tax shall be levied except in pursuance of a law, which 
shall distinctly state the object of the same ; to which object only such 
tax shall be applied. 

Sec. 5. For the purpose of defraying extraordinary expenses and 
making public improvements, the State may contract public debts; but 
such debts shall never, in the aggregate, exceed one million dollars, 
except as hereinafter provided. Every such debt shall he authorized by 
law for some purpose specified therein, and the vote of a majority of 
all the members elected to each house, to be taken by the yeas and 
H. Rep. Com. 255-3 



34 


KANSAS. 


nays, shall be necessary to the passage of such law ; and every such 
law shall provide for levying an annual tax sufficient to pay the an¬ 
nual interest of such debt, and the principal thereof when it shall be¬ 
come due, and shall specifically appropriate the proceeds of such taxes 
to the payment of such principal and interest; and such appropria¬ 
tion shall not he repealed nor the taxes postponed or diminished until 
the interest and principal of such debt shall have been wholly paid. 

Sec 6. No debt shall he contracted by the State except as herein 
provided, unless the proposed law for creating such debt shall first be 
submitted to a direct vote of the electors of the State at some general 
election ; and if such proposed law shall he ratified by*a majority of 
all the votes cast at such general election, then it shall he the duty of 
the legislature next after such election to enact such law and create 
such debt, subject to all the provisions and restrictions provided in the 
preceding sections of this article. 

Sec. 7. The State may borrow money to repel invasion, suppress 
insurrection, or defend the State in time of war ; hut the money thus 
raised shall he applied exclusively to the object for which the loan was 
authorized, or to the repayment of the debt thereby created. 

Sec. 8. The State shall never be a party in carrying on any works 
of internal improvement. 

ARTICLE XII.—CORPORATIONS. 

Section 1 . The legislature shall pass no special act conferring cor¬ 
porate powers. Corporations may be created under general laws, but 
all such laws may be amended or repealed. 

Sec. 2. Dues from corporations shall be secured by individual lia¬ 
bility of the stockholders to an additional amount equal to the stock 
owned by each stockholder, and such other means as shall be provided 
by law ; hut such individual liabilities shall not apply to railroad cor¬ 
porations, nor corporations for religious or charitable purposes. 

Sec. 3. The title to all property of religious corporations shall vest 
in trustees, whose election shall be by the members of such corpo¬ 
rations. 

Sec. 4. No right of way shall be appropriated to the use of any cor¬ 
poration until lull compensation therefor be first made in money, or 
secured by a deposit of money to the owner, irrespective of any benefit 
from any improvement proposed by such corporation. 

Sec. 5. Provisions shall he made by general law for the organization 
of cities, towns, and villages, and their power of taxation, assessment, 
borrowing money, contracting debts, and loaning their credit, shall 
he so restricted as to prevent the abuse of such power. 

Sec. 6. The term corporations, as used in this article, shall include 
all associations and joint stock companies having powers and privi¬ 
leges not possessed by individuals or partnerships ; and all corpora¬ 
tions may sue and be sued in their corporate name. 

ARTICLE XIII.—BANKS AND CURRENCY. 

Section 1. No hank shall he established otherwise than under a 
general banking law. 


KANSAS. 


35 


Sec. 2. All banking laws shall require, as collateral security for 
the redemption of the circulating notes of any bank organized under 
their provisions, a deposit with the auditor of state of the interest¬ 
paying bonds of the several States, or of the United States, at the cash 
rates of the New York stock exchange, to an amount equal to the 
amount of circulation notes which such bank shall be authorized to 
issue, and a cash deposit in its vaults of ten per cent, of such amount 
of circulation notes ; and the auditor shall register and countersign 
no more circulating bills of any bank than the cash value of such 
bonds when deposited. 

Sec. 3. Whenever the bonds, pledged as collateral security for the 
circulation of any bank, shall depreciate in value, the auditor of state 
shall require additional security, or curtail the circulation of such 
bank to such extent as will continue the security unimpaired. 

Sec. 4. All circulating notes shall be redeemable in the money of 
the United States. Holders of such notes shall be entitled, in case of 
the insolvency of such banks, to preference of payment over all other 
creditors. 

Sec. 5 The State shall not he a stockholder in any banking insti¬ 
tution. 

Sec. 6. All banks shall be required to keep offices and officers, for 
the issue and redemption of their circulation, at a convenient place 
within the State, to be named on the circulating notes issued by such 
bank. 

Sec. 7. No banking institution shall issue circulating notes of a less 
denomination than five dollars. 

Sec. 8 . No banking law shall be in force until the same shall have 
been submitted to a vote of the electors of the State at some general 
election, and approved by a majority of all the votes cast at such 
election. 

Sec. 9. Any banking law may be amended or repealed. 

ARTICLE XIV.—AMENDMENTS. 

Section 1. Propositions for the amendment of this constitution may 
be made by either branch of the legislature ; and if two-thirds of all 
the members elected to each house shall concur therein, such proposed 
amendments, together with the yeas and nays, shall be entered on the 
journal ; and the secretary of state shall cause the seme to be pub¬ 
lished in at least one newspaper in each county of the State, where a 
newspaper is published, for three months preceding the next election 
for representatives, at which time the same shall be submitted to the 
electors for their approval or rejection ; and if a majority of the elec¬ 
tors voting on said amendments, at said election, shall adopt the 
amendments, the same shall become a part of the constitution. When 
more than one amendment shall be submitted at the same time, they 
shall be so submitted as to enable the electors to vote on each amend¬ 
ment separately ; and not more than three propositions to amend 
shall be submitted at the same election. 

Sec. 2. Whenever two-thirds of the members elected to each branch 
of the legislature shall think it necessary to call a convention to re- 


36 


KANSAS. 


vise, amend, or change this constitution, they shall recommed to the 
electors to vote at the next election of members to the legislature for 
or against a convention ; and if a majority of all the electors voting 
at such election shall have voted for a convention, the legislature 
shall, at the next session, provide for calling the same. 

ARTICLE XV.—MISCELLANEOUS. 

Section 1. All officers, whose election or appointment is not other¬ 
wise provided for, shall he chosen or appointed as may he prescribed 
by law. 

Sec 2. The tenure of any office not herein provided for may he de¬ 
clared by law ; when not so declared, such office shall be held during 
the pleasure of the authority making the appointment, but the legis¬ 
lature shall not create any office the tenure of which shall be longer 
than four years. 

Sec. 3. Lotteries and the sale of lottery tickets are forever pro¬ 
hibited. 

Sec. 4. All public printing shall he let on contract to the lowest re¬ 
sponsible bidder by such executive officers, and in such manner, as shall 
he prescribed by law. 

Sec. 5. An accurate and detailed statement of the receipts and ex¬ 
penditures of the public moneys, and the several amounts paid, to 
whom, and on what account, shall be published as prescribed by law. 

Sec. 6. The legislature shall provide for the protection of the rights 
of women in acquiring and possessing property, real, personal, and 
mixed, separate and apart from the husband ; and shall also provide 
for their equal rights in the possession of their children. 

Sec. 7. The legislature may reduce the salaries of officers who shall 
neglect the performance of any legal duty. 

Sec. 8. The temporary seat of government is hereby located at the 
city of Topeka, county of Shawnee. The first legislature under this 
constitution shall provide by law for submitting the question of the 
permanent location of the capital to a popular vote, and a majority of 
all the votes cast at some general election shall be necessary for such 
location. 

Sec. 9. A homestead to the extent of one hundred and sixty acres 
of farming land, or of one acre within the limits of an incorporated 
town or city, occupied as a residence by the family of the owner, to¬ 
gether with all the improvements on the same, shall be exempted 
from forced sale under any process of law, and shall not be alienated 
without the joint consent of husband and wife, when that relation 
exists; but no property shall be exemp from sale for taxes, or for 
the payment of obligations contracted for the purchase of said 
premises, or for the erection of improvements thereon : Provided , the 
provisions of this section shall not apply to any process of law ob¬ 
tained by virtue of a lien given by the consent of both husband and wife. 

SCHEDULE. 

Section 1. That no inconvenience may arise from the change from 
a territorial government to a permanent State government, it is de- 


KANSAS. 


37 


dared by this constitution that all suits, rights, actions, prosecutions, 
recognizances, contracts, judgments, and claims, both as respects in¬ 
dividuals and bodies corporate, shall continue as if no change had 
taken place. 

Sec. 2. All fines, penalties, and forfeitures, owing to the Territory 
of Kansas, or any county, shall enure to the use of the State or 
county. All bonds executed to the Territory, or any officer thereof, 
in his official capacity, shall pass over to the governor or other officers 
of the State or county, and their successors in office, for the use of 
the State or county, or by him or them to be respectively assigned 
over to the use of those concerned, as the case may be. 

Sec. 3. The governor, secretary, and judges, and all other officers, 
both civil and military, under the territorial government, shall con¬ 
tinue in the exercise of the duties of their respective departments 
until the said officers are superseded under the authority of this con¬ 
stitution. 

Sec. 4. All laws and parts of laws in force in the Territory at the 
time of the acceptance of this constitution by Congress, not incon¬ 
sistent with this constitution, shall continue and remain in full force 
until they expire or shall be repealed. 

Sec. 5. The governor shall use his private seal until a State seal is 
provided. 

Sec. 6. The governor, secretary of state, auditor of state, treasurer 
of state, attorney general, and superintendent of public instruction, 
shall keep their respective offices at the seat of government. 

Sec. 7. All records, documents, books, papers, moneys, and 
vouchers, belonging and pertaining to the several territorial courts 
and offices, and to the several districts and county offices, at the 
date of the admission of this State into the Union, shall be disposed 
of in such manner as may be prescribed by law. 

Sec. 8. All suits, pleas, plaints, and other proceedings pending in 
any court of record, or justice’s court, may be prosecuted to final 
judgment and execution ; and all appeals, writs of error, certiorari, 
injunctions, or other proceedings whatever, may progress and be car¬ 
ried on as if this constitution had not been adopted ; and the legisla¬ 
ture shall direct the mode in which such suits, pleas, plaints, prose¬ 
cutions, and other proceedings, and all papers, records, books, and 
documents connected therewith, may be removed to the courts estab¬ 
lished by this constitution. 

Sec. 9. For the purpose of taking the vote of the electors of this 
Territory for the ratification or rejection of this constitution, an elec¬ 
tion shall be held in the several voting precincts in this Territory on 
the first Tuesday in October, A. D. 1859. 

Sec. 10. Each elector shall express his assent or dissent by voting a 
written or printed ballot labelled “ For the constitution,” or “Against 
the constitution.” 

Sec. 11. If a majority of all the votes cast at such election shall be 
in favor of the constitution, then there shall be an election held in the 
several voting precincts on the first Tuesday in December, A. D. 
1859, for the election of members of the first legislature, of all State, 


38 


KANSAS. 


district, and county officers provided for in this constitution, and for 
a representative in Congress. 

Sec. 12. All persons having the qualifications of electors, according 
to the provisions of this constitution, at the date of each of said elec¬ 
tions, and who shall have been duly registered according to the provi¬ 
sions of the registry law of this Territory, and none others, shall be 
entitled to vote at each of said elections. 

Sec. 13. The persons who may be judges of the several voting pre¬ 
cincts of this Territory at the date of the respective elections in this 
schedule provided for, shall be the judges of the respective elections 
herein provided for. 

Sec. 14. The said judges of election, before entering upon the duties 
of their office, shall take and subscribe an oath faithfully to discharge 
their duties as such. They shall appoint two clerks of election, who 
shall be sworn by one of the said judges faithfully to discharge their 
duties as such. In the event of a vacancy in the board of judges, the 
same shall be filled by the electors present. 

Sec. 15. At each of the elections provided for in this schedule the 
polls shall be opened between the hours of nine and ten o’clock a. m., 
and closed at sunset. 

Sec. 16. The tribunals transacting county business of the several 
counties shall cause to be furnished to the boards of judges, in their 
respective counties, two poll-books for each election hereinbefore pro¬ 
vided for, upon which the clerks shall inscribe the name of every per¬ 
son who may vote at the said elections. 

Sec. 17. After closing the polls at each of the elections provided 
for in this schedule, the judges shall proceed to count the votes cast, 
and designate the persons or objects for which they were cast, and 
shall make two correct tally-lists of the same. 

Sec. 18. Each of the boards of judges shall safely keep one poll- 
book and tally-list, and the ballots cast at each election, and shall, 
within ten days after such election, cause the other poll-book and 
tally-list to be transmitted, by the hands of a sworn officer, to the 
clerk of the board transacting county business in their respective 
counties, or to which the county may be attached for municipal pur¬ 
poses. 

Sec. 19. The tribunals transacting county business shall assemble 
at the county seats of their respective counties on the second Tuesday 
after each of the elections provided for in this schedule, and shall can¬ 
vass the votes cast at the elections held in the several precincts in 
their respective counties, and of the counties attached, for municipal 
purposes. They shall hold in safe-keeping the poll-books and tally- 
lists of said elections, and shall, within ten days thereafter, transmit, 
by the hands of a sworn officer, to the president of this convention, at 
the city of Topeka, a certified transcript of the same, showing the 
number of votes cast for each person or object voted for at each of the 
several precincts in their respective counties, and in the counties 
attached, for municipal purposes separately. 

Sec. 20. The governor of the Territory and the president and secre¬ 
tary of this convention shall constitute a board of State canvassers, 
any two of whom shall be a quorum ; and who shall, on the fourth 


KANSAS. 


39 


Monday after each of the elections provided for in this schedule, as¬ 
semble at said city of Topeka, and proceed to open and canvass the 
votes cast at the several precincts in the different counties of the Ter¬ 
ritory and declare the result ; and shall immediately issue certificates 
of election to all persons (if any) thus elected. 

Sec. 21. Said board of State canvassers shall issue their proclama¬ 
tion not less than twenty days next preceding each of the elections 
provided for in this schedule. Said proclamation shall contain an an¬ 
nouncement of the several elections, the qualifications of electors, the 
manner of conducting said elections, and of making the returns thereof, 
as in this constitution provided, and shall publish said proclamation 
in one newspaper in each of the counties of the Territory in which a 
newspaper may he then published. 

Sec. 22. The board of State canvassers shall provide for the trans¬ 
mission of authenticated copies of the constitution to the President of 
the United States, the President of the Senate, and Speaker of the 
House of Representatives. 

Sec. 23. Upon official information having been by him received of 
the admission of Kansas into the Union as a State, it shall be the duty 
of the governor elect under the constitution to proclaim the same and 
to convene the legislature, and do all things else necessary to the com¬ 
plete and active organization of the State government,. 

Sec. 24. The first legislature shall have no power to make any 
changes in county lines. 

Sec. 25. At the election to be held for the ratification or rejection 
of this constitution, each elector shall be permitted to vote on the 
homestead provision contained in the article on miscellaneous, by de¬ 
positing a ballot inscribed “For the homestead” or “Against the 
homestead and if a majority of all the votes cast at said election 
shall be against said provision, then it shall be stricken from the 
constitution. 


RESOLUTIONS. 

Resolved , That the Congress of the United States is hereby requested, 
upon the application of Kansas for admission into the Union, to pass 
an act granting to the State forty-five hundred thousand acres of land 
to aid in the construction of railroads and other internal improve¬ 
ments. 

Resolved , That Congress be further requested to pass an act appro¬ 
priating fifty thousand acres of land for the improvement of the Kansas 
river from its mouth to Fort Riley. 

Resolved , That Congress be further requested to pass an act grant¬ 
ing all swamp lands within the State for the benefit of common 
schools. 

Resolved , That Congress be further requested to pass an act appro¬ 
priating five hundred thousand dollars, or, in lieu thereof, five hundred 
thousand acres of land, for the payment of the claims awarded to citi¬ 
zens of Kansas by the claim commissioners appointed by the governor 
and legislature of Kansas under an act of the territorial legislature 
passed 7th February, 1859. 


40 


KANSAS. 


Resolved , That the legislature shall make provision for the sale or 
disposal of the lands granted to the State in aid of internal improve¬ 
ments, and for other purposes, subject to the same rights of pre-emp¬ 
tion to the settlers thereon as are now allowed by law to settlers on 
the public lands. 

Resolved, That it is the desire of the people of Kansas to he admit¬ 
ted into the Union with this constitution. 

Resolved , That Congress he further requested to assume the debt 
of this Territory. 


Done in convention, at Wyandott, this 29th day of July, A. D. 
1859. 


JAMES M. WINCHELL, 
President of the Kansas Constitutional Convention , 

and delegate from Osage County. 

John A. Martin, Secretary. 


Robert Graham, John James Ingalls, Caleb May, J. A. Middleton, 
S. D. Houston, Luther R. Palmer, John Taylor Burris, John P. 
Greer, John Ritchey, H. D. Preston, Benjamin F. Simpson, James 
M. Arthur, Josiah Lamb, William McCulloch, James G. Blunt, 
J. C. Burnett, William R. Griffith, Samuel A. Kingman, Robert J. 
Porter, James Blood, S. 0. Thatcher, Edwin Stokes, P. H. Townsend, 
William Hutchinson, N. C. Blood, Edmund G. Ross, James Hanway, 
Allen Crocker, Samuel E. Hoffman, James A. Signor, George H. 
Little, R. L. Williams, W. P. Dutton. 

I hereby certify that the above is a correct copy of the constitution 
adopted at Wyandott July 29, 1859.^ 

J. M. WINCHELL, 

President Kansas Constitutional Convention. 


Attest: 


JOHN A. MARTIN, 
Secretary Kansas Constitutional Convention. 


KANSAS. 


41 


MINORITY REPORT. 


Mr. John B. Clark, from the Committee on Territories, submitted 
the following views of the minority of the committee : 

The undersigned , a minority of the Committee on Territories , disa¬ 
greeing ivith the views of the majority as set forth in their report in 
relation to the application of Kansas to he admitted into the Union , 
asks leave to submit the following report: 

On the 4th of May, 1858, Congress enacted a law in relation 
to Kansas, which, among other things, provided that (i the people 
of said Territory are hereby authorized and empowered to form for 
themselves a constitution and State government, by the name of the 
State of Kansas, according to the federal Constitution, and may elect 
delegates for that purpose whenever, and not before, it is ascertained 
by a census duly and legally taken that the population of said Terri¬ 
tory equals or exceeds the ratio of representation required for a mem¬ 
ber of the House of Representatives of the Congress of the United 
States; and whenever thereafter such delegates shall assemble in con¬ 
vention, they shall first determine by a vote whether it is the wish of 
the people of the proposed State to be admitted into the Union at that 
time ; and if so, shall proceed to form a constitution, and take all 
necessary steps for the establishment of a State government, in con¬ 
formity with the Federal Constitution, subject to such limitations and 
restrictions as to the mode and manner of its approval or ratification 
by the people of the proposed State as they may have prescribed by 
law, and shall be entitled to admission into the Union as a State under 
such constitution thus fairly and legally made, with or without slavery, 
as said constitution may prescribe/ ’ 

A perusal of the law shows that Kansas was authorized to form a con¬ 
stitution, and apply for admission into the Union as a State, “ when¬ 
ever, and not before , it is ascertained by a census duly and legally 
taken that the population of said Territory equals or exceeds the ratio 
of representation required for a member of the House of Representa¬ 
tives of the Congress of the United States/’ The first step to be 
taken to form a State government by the authorities of Kansas, if 
they desired to proceed in accordance with the laws of the land, was, 
therefore, to ascertain whether Kansas contained the requisite popu¬ 
lation. Did the people of Kansas take that step thus by the law 
required to be taken? No one so asserts. On the contrary, they 
proceeded as though there were no laws on the subject; or as though, 
if there were laws, there existed no authority adequate to their en¬ 
forcement upon people disposed to disregard them. Having a con¬ 
tempt for the law, and relying upon a powerful party for support in so 
doing, they disregarded the law. 

For years, without punishment, the territorial laws of Kansas 



42 


KANSAS. 


were uniformly disobeyed by large numbers of people ; and this 
lawless class, increased to a majority by the efforts of northern fana¬ 
tics, and emboldened in their course of wrong-doing by the direct 
approval of a party in this House and in the Senate, have pro¬ 
ceeded, without taking a census , as required by law, to call a con¬ 
vention and form a constitution. This constitution, thus formed in 
open disregard of the plain provisions of a law of the United States, 
has been laid before this House, and its acceptance as strenuously 
advocated by the political friends of the actors as though their con¬ 
duct had been correct and orderly. Upon this state of facts, (known 
to the whole country to be true, so public have been the transactions,) 
Congress is compelled to decide, first, whether it will require the 
tumultuous and violent people of this Territory to respect and obey 
the plain letter of a reasonable and easily-observed law. 

If the decision of Congress is in favor of the maintenance of its 
own laws, then it only remains for the authorities of Kansas to re¬ 
verse their conduct, and proceed about the business of forming a State 
government according to laiv , instead of proceeding in defiance of latv. 

If, in these clays of turbulence and disorder, Congress shall deem it 
a wise policy to yield to the noisy demands of a disorderly population, 
instead of resolutely exacting from them obedience to law, it will, by 
thus yielding, decide it to be judicious to reward the contumacy of a 
people, few in numbers, but violent contemners of the government of 
which they ask to be made a part. Congress would thus confer upon 
a people, while in open disregard of the national laws, all the rights, 
powers, and privileges of the oldest, most orderly, most populous, and 
wealthiest States. 

The majority of this committee recommend that Kansas shall, not¬ 
withstanding it approaches Congress in contumacious disregard of 
the plainest provision of the very law which prescribed the time and 
the mode of qualifying herself to become an independent State, be 
admitted into the Union. They seem not to see in the palpable and 
ostentatious disregard of the laws of the United States by the author¬ 
ities of Kansas the slightest cause of rebuke. Far less are they able 
to discern a reason for sternly saying to them that the Congress of 
the United States will not receive a State into the Union as an equal 
whilst it insists on remaining in the garb of a transgressor of their 
laws ; that, as a decent and indispensable prerequisite, Kansas must 
make her appearance in accordance with, and not in disregard of, the 
constitutional laws of the Union which they seek to enter. The feeble 
administration of local laws, and their frequent violation in many cities 
and States, renders the example which the decision of this question 
will set exceedingly important. It is evident to all reflecting citizens 
that greater security for life and property must be obtained in this 
country by a more rigid enforcement of the laws, or our representa¬ 
tive system of government will prove a failure. And at this time of 
laxity, disorder, and confusion, will Congress be justified by thejustand 
sober-minded if it allows a sturdy and persistent violator of its laws 
to approach its bar and demand and receive a favor in open disregard 
of a law not yet two years old? Where will these things end, if 
Congress selemnly decides that laws passed for the control of States 


KANSAS. 


43 


and Territories may be disregarded by them at their individual will 
and pleasure, although the laws are admitted on all hands to be con¬ 
stitutional ? 

If Congress thus succumbs to an audacious community, few in num¬ 
bers, does it not, by its manifestation of weakness and imbecility, invite 
aggressions upon its rights and its authority by more wealthy and 
more powerful Commonwealths ? 

If Congress has neither the firmness, the dignity, nor the power 
to enforce its laws, is it not a waste of time and money to remain in 
session to enact additional ones? 

Do not policy and good sense, in such a case, unite in recommending 
Congress to frankly tell the people that their government is a failure, 
and go home, and allow them to institute another whose laws can he en¬ 
forced against both the turbulent and the influential ? Kansas has had 
since the 4th of May, 1858, to take a census of the people and form a 
State constitution in conformity with law; and why has it not been done? 
Was either a pecuniary or physical impossibility required of that Ter¬ 
ritory by the general government? No limitation as to the time in 
which the work was to be done was imposed. They might perform 
the work in six months, or in as many years, as to them might seem 
best. 

If they were unable to meet the expense , they could wait until they 
should become able ; and, besides, if they were unable to meet so 
small an expenditure during the (near) two years which have elapsed, 
that fact is proof of their inability to maintain a State government. 

The fact undoubtedly is, that Kansas has had both time and ability 
to comply with the law of Congress, but has failed to comply from a 
sheer spirit of laiclessness , fostered by a belief, first, that the party 
above alluded to in Congress, and throughout the country, would sus¬ 
tain them in whatever course they might pursue ; and, second, that 
the other great political party of the country would be compelled to 
wink at any violation of law in which the people of Kansas might 
indulge, lest the continual agitation of the territorial question should 
injuriously affect their party prospects. 

That they had cause to believe tne party first above alluded to would 
be likely to sustain them in any violation of law, no matter how flagrant, 
no matter bow damaging to the national character, no matter how 
dangerous the precedent thus to be set, we all know from this most 
extraordinary fact: At an election held in Kansas in pursuance of 
law, General Whitfield received almost if not every legal vote for 
delegate to Congress, together, as his opponents alleged, with several 
illegal ones ; ten days after the election, the friends of Governor 
Reeder assembled at a few places, and without even the semblance of 
law, voted for him for the same office. General Whitfield, of course, 
took his seat, for he had received every legal vote in the Territory 
which had been cast on the day of election. Yet, on the 1st day of 
August, 1856, the present chairman of this committee, and cne 
hundred and nine other members of the House of Representatives, 
voted “ that John W. Whitfield is not entitled to a seat in this House 
as a delegate from the Territory of Kansas see House Journal of 
1855, 1856, pages 1338, 1339. 


44 


KANSAS. 


Not only was this done here , upon the floor of this House,, in the 
presence of the nation, but eighty-eight of those same members 
actually voted for the admission of Andrew H. Reeder as a delegate 
from Kansas, although he had received at the election authorized by 
law not a solitary vote .—(See same journal, pages 1339 and 1340.) 

Of the men who gave these votes, many are now on this floor as 
members of this House, and hence the “Sharpe’s riflemen” and other 
law-breakers of Kansas might well calculate upon being upheld in 
any violation of law which they could possibly plan. 

That this judgment may not be considered too severe, the House is 
referred to the appalling fact that the same party actually voted for 
and passed through this House a bill releasing by its provisions all 
felons, horse-thieves, burglars, murderers, and even the Ossaivatomie 
assassins , from all responsibilities for all the crimes which they had 
perpetrated in violation of the laws of that Territory during a series 
of years. In all ages, bills of amnesty for past “political” offences 
have, in times of civil commotion, been enacted. But in what country, 
civilized or savage, Christian or pagan, ancient or modern, can they 
find a precedent for their bill, which not only pardons “political” 
offences, but also every species of theft, robbery, fraud, burglary, 
arson, rape, and mutilation and murder ? Their bill not only par¬ 
dons every offence and crime known to the criminal calendar, which 
had been committed in any part of that widespread Territory, but it 
took the further unprecedented and most extraordinary step of giving 
to every person in Kansas entire immunity for any crime which they 
might thereafter commit against the laws of that unfortunate Terri¬ 
tory. No honest man in the world, of sound mind, not warped by 
party zeal, can justify a vote for that bill. No one, we apprehend, 
will attempt it. Like the vote, that the gentleman who had, at a 
regular election held on the day fixed by law, received every legal 
vote cast in the Territory, was u not entitled'’ to the office to which 
he had been elected without opposition, it is a matter for silence and 
shame, not one for discussion and defence. 

When notorious law-breakers make their appearance before Con¬ 
gress, asking a favor not in accordance with, but in direct disregard 
of law, what ought a grave law-making power to say to them ? 
Should the favor be accorded with alacrity and delight, or should the 
applicants be sternly remanded to conscience and to duty ? 

If, for requiring obedience to law, the democratic party shall suffer; 
if, for sustaining men in open diregard of the laws, the republican 
party shall prosper, so let it be. The question is not , what is party 
expediency , but what is right and legal. Duty asks not for the road 
which leads to popular favor , but seeks to know what can be done to 
successfully oppose the plans of the vicious, and crush the schemes of 
the disobedient. When the unscrupulous rush to the support of those 
who are toiling, by all arts, to nullify a law universally admitted to 
be wholesome, no good citizen is allowed by patriotism to do other¬ 
wise than uncover his arm and maintain the supremacy of the laws. 
He is not allowed by his principles to even contemplate what good 
might flow to him, or to his friends, or to his party, were he to join 
the disorderly mass that is seeking to trample the laws of his country 


KANSAS. 


45 


under foot. The true lover of his country must contend for the main¬ 
tenance of law and order, there being no other known and sure way 
of securing thaty>eace and safety which all good men desire, and all 
good governments guarantee. 

But not only was the constitution of Kansas formed and sent here 
in disregard of the law, hut some of its provisions are in direct con¬ 
flict with treaty stipulations entered into by the United States. 

u All treaties made, or which shall be made, under the authority of 
the United States shall be the supreme law of the land, and the judges 
in every State shall be hound thereby, anything in the constitution or 
laws of any State to the contrary notwithstanding so reads the Con¬ 
stitution of the United States. Now, let us examine the treaties of the 
United States with the Indians owning a portion of Kansas, and see 
if Congress has the constitutional right to admit Kansas into the 
Union with the boundaries which she claims in the constitution which 
was formed in contempt of our laws, and sent here for our approval. 

In May, 1828, the United States made a treaty with a portion of the 
chiefs and headmen of the Cherokee nation of Indians, west of the 
Mississippi river, which ceded a portion of the proposed State of Kansas 
to the Cherokees for a “ permanent home , and which shall, under the most 
solemn guarantee of the United States, be and remain theirs forever — 
a home that shall never in all future time be embarrassed by having 
extended around it the lines, or place over it the jurisdiction of a Terri¬ 
tory or State, nor be pressed upon by the extension in any way of any 
of the limits of any existing Territory or State.” In February, 1833, 
another treaty was made by the United States with the same party of 
the Cherokees which extended their lands in Kansas. On the 29th 
of December, 1835, another treaty was made by the United States 
with the Cherokees, by which they agreed for five millions of dollars 
to remove from Georgia to their new country west of Arkansas and 
Missouri. In this treaty the United States sold to the Cherokees 
800,000 additional acres of land lying ie east of the Osages,” and 
bordering on Missouri “fifty miles/’ for $500,000.—(See 2d article of 
the treaty.) To understand the greatness of the country owned by 
the Cherokees in Kansas, the following extract from the second article 
of the treaty is made. The line described is to the south and west of 
the 800,000 acre tract ; “ running thence with the western line of 
Arkansas Territory, as now defined, to the southwest corner of Mis¬ 
souri ; thence along the western Missouri line to the land assigned to 
the Senecas; thence on the south line of the Senecas to Grand 
river; thence up said Grand river as far as the south line of the 
Osage reservation extended, if necessary ; thence up and between 
said south Osage line, extended west if necessary, and a line drawn 
due west from the point of beginning to a certain distance west, at 
which a line running north and south from said Osage line to said 
due west line, will make seven millions of acres within the whole de¬ 
scribed boundaries.” 

This Cherokee boundary line evidently runs north of the Kansas 
line for a distance of probably one hundred and twenty miles, not 
far north, but still north of the south line of the proposed State of 
Kansas ; and the eight hundred thousand acre tract, a compact sec- 


46 


KANSAS. 


tion of country fifty miles long and twenty-five miles wide, lies wholly 
within the proposed limits of Kansas. 

Such are the boundaries of the Cherokee country as defined by the 
treaty of 1835. The next inquiry is, what guarantees were given to 
the Cherokees by the United States in said treaty ? By the fifth arti¬ 
cle of the treaty of the 5th February, 1835, the United States u cove¬ 
nant and agree that the lands ceded to the Cherokee nation in the 
foregoing article shall in no future time without their consent be in¬ 
cluded within the territorial limits or jurisdiction of any State or Ter¬ 
ritory ” It also secures to them the right through their national 
councils to make all needful laws for the government and protection 
of persons and property within their own country. The seventh 
article stipulates that they shall be entitled to a delegate in the House 
of Representatives of the United States “ whenever Congress shall 
make provision for the same/’ This grant of a right to have their 
country kept beyond the limits, and out of the jurisdiction of States 
and Territories, and to make their own laws, is not a novelty known 
only to the Cherokees. The same right was secured to the Choctaws 
September 27, 1830, as follows: 

“ The United States are hereby obliged to secure to the said Choctaw 
nation of red people the jurisdiction and government of all the persons 
and property that may be within their limits west, so that no Territory 
or State shall ever have a right to pass laws for the government of the 
Choctaw Nation of red people and their descendants , and that no part of 
the land granted them shall ever he embraced in any Territory or State , 
but the United States shall forever secure said Choctaw nation from 
and against all laws except such as from time to time may be enacted 
in their own national councils, not inconsistent with the Constitution, 
treaties, and laws of the United States.” The Creek Indians obtained 
a guarantee of a like character on the 24th of March, 1832: “ The 
Creek country west of the Mississippi shall be solemnly guaranteed to 
the Creek Indians ; nor shall any State or Territory ever have a right 
to pass laws for the government of such Indians, but they shall be 
allowed to govern themselves so far as it may be compatible with the 
general jurisdiction which Congress may think proper to exercise over 
them.” 

In the treaty of May 24, 1834, with the Chickasaws, the United 
States u agree to keep them icitliout the limits of any State or Territory.” 
Several other tribes have similar guarantees. 

The Cherokees, Creeks, Choctaws, and Chickasaws are the largest, 
most civilized, and wealthiest of the settled Indian tribes. When 
they removed west of the Mississippi the United States guaranteed 
that their country should never be included within “ the limits of any 
State or Territory .” Shall that guarantee be made good? Will 
Congress, in imitation of heartless tyrants and despots of other coun¬ 
tries and other days, deliberately violate its legal engagements? 
The first of the four great tribes whose rights are seriously endan¬ 
gered is the Cherokee nation. So far these rights have been respected. 

Take the following signal instance of respect for rights guaranteed 
by treaty : 

In the act of Congress organizing the Territory of Kansas is the 


KANSAS. 


47 


following provision : u That nothing in this act contained shall he 
construed to impair the rights of persons or property now pertaining 
to the Indians in said Territory, so long as such rights shall remain 
unextinguished by treaty between the United States and such Indians, 
or to include any territory which by treaty with any Indian tribe is not, 
without the consent of said tribe, to be included within the territorial 
limits or jurisdiction of any State or Territory, hut all such territory 
shall be excepted out of the boundaries , and constitute NO PART of the 
Territory of Kansas .’’ 

This clause was inserted to preserve the public faith. When Con¬ 
gress is asked to assent to the constitution of Kansas, it must be borne 
in mind that the boundaries of the proposed State include territory 
which Congress has bound itself to the Indian owners thereof, by 
treaty, “not to include in any Territory, nor in any State.” 

It is seen that these Indian possessions are not in Kansas Territory — 
they were specially excepted out of the boundaries, and constitute no 
part of Kansas . Kansas has not, never had, and never can have 
(without the previous assent of the Cherokees and other tribes inter¬ 
ested) a legal control of the u guaranteed territory .” 

The treaty says that the Indian lands were given to them for “ a 
permanent home, and which shall, under the most solemn guarantees of 
the United States, be and remain theirs forever ; a home that shall 
never, in all future time, be embarrassed by having extended around 
it the lines, or placed over it the jurisdiction of a Territory or State, 
nor be pressed upon by the extension, in any way, of any existing Ter¬ 
ritory or State.” . 

This guarantee from a strong to a weaker party is clear, specific, 
and unqualified. Shall it be observed in good faith ; or, upon the 
eve of a presidential election, shall it be sacrificed to the demon of 
party spirit ? 

If the Cherokees, the most highly civilized of the larger Indian 
tribes, have not enough guarantees and promises to arrest the hand of 
spoliation, surely the remainder of the other large southern tribes 
will also soon be swallowed up by those who have not examined, or, 
alter having examined the extent of their guaranteed rights, are wil¬ 
ling to disregard them. 

Since the passage of the Kansas and Nebraska hill into a law the 
rights of the Indians seem to have been almost wholly overlooked by 
Congress. Constitution after constitution, each and all of them en- 
gulphing “ guaranteed Indian lands,” have succeeded each other with 
startling rapidity without once arresting any considerable degree of 
attention, if any at all, to the wrongs which would result to the red 
man from their consummation. The slavery question seems to have 
thoroughly succeeded in monopolizing all thoughts whatever whenever 
territorial questions have arisen. To prevent the consummation of 
impending injustice, the undisputed and indisputable rights ot the 
Indians are now brought to the attention of Congress and the country, 
and a demand of justice made. We demand the observance ot treaties; 
we demand the preservation of the national faith ; we demand kind¬ 
ness and justice to the weak, and an honest fulfilment of the generous 


48 


KANSAS. 


promises made to induce the Indians to emigrate from the homes of 
their fathers. 

In conclusion, the minority of the committee are of the opinion that 
a decent respect for the dignity of Congress, the laws of the land, and 
of the American people, requires that the petition of Kansas to he 
admitted into the Union should not he granted until its people will 
consent, 1st, to organize in accordance with, instead of in disregard 
of, the laws of the United States ; 2d, not until it is shown that the 
population of the proposed State of Kansas equals or exceeds the 
ratio of representation required for a member of the House of Repre¬ 
sentatives of the Congress of the United States ; 3d, not until the 
people form and present a constitution which is republican in form, 
including a proper area of territory, and not including any Indian 
country that the United States has solemnly engaged shall not be in¬ 
cluded u within the limits of any State or Territory/’ 

The constitution of Kansas, not having been formed and presented 
to Congress in accordance with law, but in derogation thereof; and it 
not appearing that there are within her limits a sufficient population 
as required by law ; and embracing Indian territory which Con¬ 
gress, in 1854, decided should constitute no 'part of the Territory of 
Kansas , but be excepted out of the boundaries thereof , the undersigned 
recommend that the laws and treaties of the United States be main¬ 
tained, and that the said constitution of Kansas, and the bill to admit 
her into the Union as a State, be rejected as inconsistent with the honor, 
and in violation of the laws and treaty engagements of the United 
States. 


JOHN B. CLARK. 



KANSAS. 


49 


APPENDIX. 

The following is a copy of the journal of the House of Represen¬ 
tatives containing the resolutions displacing Mr. Whitfield and at¬ 
tempting to put Governor Reeder in his place, with the yeas and nays 
thereon. Also a copy of the two sections of the amnesty act releasing 
persons for criminal offences in Kansas, and the yeas and nays thereon, 
as referred to in the foregoing report as having passed the House of 
Representatives. 


u A division of the question having been called for, 

The Speaker stated the question to be on agreeing to the first 
resolution ; which was read, and is as follows, viz: 

Resolved , That John W. Whitfield is not entitled to a seat in this 
House as a delegate from the Territory of Kansas. 

And the question being put, Will the House agree thereto? 

It was decided in the affirmative, 

The yeas and nays being desired by one-fifth of the members 
present, 

Those who voted in the affirmative are— 


Yeas 

Nays 


110 

92 


Mr. Charles J. Albright 
John Allison 
Edward Ball 
Lucian Barbour 
David Barclay 
Henry Bennett 
Samuel P. Benson 
Charles Billinghurst 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
Jacob Broom 
James Buffinton 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaffee 
Ezra Clark, jr. 

Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
Aaron H. Cragin 
William Cumback 
William S. Damrell 
Timothy C. Day 
Sidney Dean 
John Dick 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfee 
John R. Edie 
Francis S. Edwards 
J. Reece Emrie 
Thomas T. Flagler 
Henry M. Fuller 
Samuel Galloway 
Joshua R. Giddings 


Mr. William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Robert B. Hall 
Aaron Harlan 
John Scott Harrison 
Solomon G. Haven 
John Hickman 
David P. Holloway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Benjamin F. Leiter 
Daniel Mace 
Orsamus B. Matteson 
Andrew Z McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B Morgan 
Justin S. Morrill 
Richard Mott 
Matthns H. Nichols 
Jesse 0. Norton 
Andrew Oliver 
Asa Packer 
John M. Parker 
Guy R. Pelton 
Alex. C. M. Pennington 
John J. Perry 
John U. Pettit 


Mr. James Pike 

Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
George R. Robbins 
Anthony E. Roberts 
Alvah Sabin 
Russell Sage 
William R. Sapp 
Harvey D. Scott 
John Sherman 
George A. Simmons 
Francis E. Spinner 
James S. T. Stranahan 
Mason W. Tappan 
James Thorington 
Benjamin B. Thurston 
Lemuel Todd 
Mark Trafton 
Job R. Tyson 
William W. Valk 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C. Washburn 
Ellihu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
William W. Welch 
Daniel Wells, jr. 

Thomas R. Whitney 
John Williams 
John M. Wood 
John Woodruff 
James H. Woodworth. 


H. Rep. Com. 255-4 






51 


KANSAS, 


Those who voted in the negative are— 


Mr. William Aiken 
William Barksdale 
Peter H. Bell 
Hendley S. Bennett 
Thomas S. Bocock 
Thomas F. Bowie 
William W. Boyce 
Lawrence O’B. Branch 
Henry C. Burnett 
John Cadwalader 
John P. Campbell 
John S. Carlile 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W. Cobb 
Leander M Cox 
Burton Craige 
Martin J. Crawford 
Elisha D. Cullen 
Thomas G. Davidson 
H. Winter Davis 
James W. Denver 
James F. Dowdell 
Henry A. Edmundson 
William H. English 
George Eustis, jr. 

Lemuel D. Evans 
Charles J. Faulkner 
Thomas B. Florence 
Nathaniel G. Foster 


Mr. Thomas J. D. Fuller 
William O. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harris 
Philemon T. Herbert 
Henry W. Hoffman 
George S. Houston 
George W. Jones 
Luther M. Ivennett 
Zedekiah Kidwell 
William A Lake 
John Letcher 
James J. Lindley 
John H. Lumpkin 
Alexander K. Marshall 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Fayette McVlullin 
Smith Miller 
John S. Millson 
Mordecai Oliver 
James L. Orr 
George W. Peck 
John S. Phelps 
Gilchrist Porter 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 


Mr. Edwin G. Reade 
Charles Ready 
James B. Ricaud 
William A. Richardson 
Thomas Rivers 
Thomas Ruffin 
Albert Rust 
John M. Sandidge 
John H. Savage 
James L. Seward 
Eli S. Shorter 
Samuel A. Smith 
William Smith 
William R. Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Albert G. Talbott 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
George Vail 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Warren Winslow 
Daniel B Wright 
John V. Wright 
Felix K. Zollicoffer. 


So the first resolution was agreed to. 

Mr. Israel Washburn, jr., moved that the vote just taken be recon¬ 
sidered, and also moved that the motion to reconsider be laid on the 
table ; which latter motion was agreed to. 

The second resolution was then read as follows, viz: 

Resolved , That Andrew H. Reeder be admitted to a seat on this 
floor as a delegate from the Territory of Kansas. 

And the question being put, Will the House agree thereto? 

It was decided in the negative, \ ^j eas . 1^0 

& > l Nays. 113 


The yeas and nays being desired by one fifth of the members present, 
Those who voted in the affirmative are— 


Mr. Charles J. Albright 
John Allison 
Lucian Barbour 
David Barclay 
Henry Bennett 
Samuel P. Benson 
Charles Billinghurst 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
James Buffinton 
James H. Campbell 
Calvin C. Chaffee 
Ezra Clark, jr. 

Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 


Mr. John Covode 

Aaron H. Cragin 
William Cumback 
William S. Damrell 
Timothy C. Day 
Sidney Dean 
John Dick 
Samuel Dickson 
Edward Dodd 
Nathaniel B. Durfee 
John R. Edie 
J. Reece Emrie 
Thomas T. Flagler 
Samuel Gallowoy 
Joshua R. Giddings 
William A. Gilbert 
Galusha A. Grow 


Mr. Robert B. Hall 
Aaron Harlan 
David P. Holloway 
Thomas R. Horton 
Jonas A. Hughston 
William H. Kelsey 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Benjamin F. Leiter 
Daniel Mace 
Or ainus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Edwin B. Morgan 




Mr. Justin S. Morrill 
Richard Mott 
Matthias H Nichols 
Jesse O. Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pel ton 
John J. Perry 
John U. Pettit 
James Pike 
Benjamin Pringle 
Samuel A. Purviance 
George R. Robbins 


KANSAS. 

Mr. Anthony E. Roberts 
Alvah Sabin 
Russell Sage 
William R Sapp 
John Sherman 
Francis E. Spinner 
James S. T. Stranahan 
Mason W. Tappan 
James Thoringlon 
Benjamin B. Thurston 
Lemuel Todd 
Mark Trafton 


51 

Mr. Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C.Washburn 
Ellihu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
William W. Welch 
John M. Wood 
John Woodruff 
James H. Woodworth. 


Mr. Charles Ready 
James B. Ricaud 
William A. Richardson 
David Ritchie 
Thomas Rivers 
Thomas Ruffin 
Albert Rust 
John M. Sandidge 
John H. Savage 
Harvey D. Scott 
James L. Seward 
Eli S. Shorter 
George A. Simmons 
Samuel A. Smith 
William Smith 
William R. Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Albert G. Talbott 
Miles Taylor 
Robert P. Trippe 
Job R. Tyson 
V arner L Underwood 
George Vail 
William W. Valk 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Daniel Wells, jr. 
Thomas R. Whitney 
John Williams 
Warren Winslow 
Daniel B. Wright 
John Y. Wright 
Felix K. Zollicoffer. 


Those who voted in the negative are— 


Mr. William Aiken 
Edward Ball 
William Barksdale 
Peter H. Bell 
Hendley S. Bennett 
Thomas S. Bocock 
Thomas F. Bowie 
William W. Boyce 
Lawrence O’B. Branch 
Jacob Broom 
Henry C. Burnett 
John Cadwalader 
John P. Campbell 
Lewis D. Campbell 
John S. Carlile 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W. Cobb 
Leander M. Cox 
Burton Craige 
Martin J. Crawford 
Elisha D. Cullen 
Thomas G. Davidson 
H. Winter Davis 
James W. Denver 
James F. Dowdell 
George G. Dunn 
Henry A Edmundson 
Francis S. Edwards 
William H. English 
George Eustis, jr. 

Lemuel D. Evans 
Charles J. Faulkner 
Thomas B. Florence 
Nathaniel G. Foster 
Henry M. Fuller 
Thomas J. D. Fuller 


Mr. William O. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L Harris 
John Scott Harrison 
Solomon G. Haven 
Philemon T. Herbert 
John Hickman 
Henry W. Hoffman 
Valentine B. Horton 
George S. Houston 
George W. Jones 
Luther M. Kennett 
Zedekiah Ividwell 
Rufus H. King 
William A. Lake 
John Letcher 
James J. Lindley 
John H. Lumpkin 
Alexander K. Marshall 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Fayette McMullin 
Smith Miller 
John S. Millson 
Oscar F. Moore 
Mordecai Oliver 
Ja lies L. Orr 
George W. Peck 
Alex. C. M. Pennington 
John S. Phelps 
Gilchrist Porter 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 
Edwin G. Reade 


So the second resolution was disagreed to. 

Mr. Orr moved that the vote last taken he reconsidered, and also 
moved that the motion to reconsider be laid on the table ; which lat¬ 
ter motion was agreed to.” 


“ Sec. 15. Andbe it further enacted, That all suits, process, and pro¬ 
ceedings, civil and criminal, at law and in chancery, and all indictments 
and informations which shall be pending and undetermined in the 
courts of the Territory of Kansas or of New Mexico, when this act 
shall take effect, shall remain in said courts where pending, to be 



52 


KANSAS. 


heard, tried, prosecuted, and determined in such courts as though this 
act had not been passed : Provided , nevertheless, that all criminal 
prosecutions now pending in any of the courts of the Territory of 
Kansas imputing to any person or persons the crime of treason against 
the United States and all criminal prosecutions, by information or in¬ 
dictment, against any person or persons for any alleged violation or 
disregard whatever of what are usually known as the laws of the 
legislature of Kansas, shall be forthwith dismissed by the courts where 
such prosecutions may be pending, and every person who may be re¬ 
strained of his liberty by reason of any of said prosecutions shall be 
released therefrom without delay. Nor shall there hereafter be insti¬ 
tuted any criminal prosecution in any of the courts of the United 
States, or of said Territory, against any person or persons for any 
such charge of treason in said Territory prior to the passage of this 
act, or any violation or disregard of said legislative enactments at any 
time. 

Sec. 16. And be it further enacted , That all justices of the peace, 
constables, sheriffs, and all other judicial and ministerial officers, who 
shall be in office within the limits of said Territory when this act shall 
take effect, shall be, and they are hereby, authorized and required to 
continue to exercise and perform the duties of their respective offices 
as officers of the Territory of Kansas, temporarily, and until they or 
others shall be duly appointed and qualified to fill their places in the 
manner herein directed, or until their offices shall be abolished. 

Mr. Sneed moved that the bill be laid on the table. 

And the question being put, 

It was decided in the negative, 

The yeas and nays being desired by one fifth of the members present, 

Those who voted in the affirmative are— 


Yeas. 77 

Nays ... 93 


Mr. William Aiken 
William Barksdale 
Peter H. Bell 
Thomas F. Bowie 
Lawrence O’B. Branch 
Jacob Broom 
Henry C. Burnett 
John P. Campbell 
John S. Carlile 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W. Cobb 
Leander M. Cox 
Burton Craige 
Martin J. Crawford 
Elisha D. Cullen 
Thomas G. Davidson 
H. Winter Davis 
James W. Dei ver 
James F. Dowdell 
Henry A. Edmundson 
William H. English 
Charles J. Faulkner 
Nathaniel G. Foster 
Henry M. Fuller 


Mr. Thomas J. D. Fuller 
William O. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harris 
Henry W. Hoffman 
George S. Houston 
Joshua H. Jewett 
George W. Jones 
J. Glanry Jones 
Luther M. Kennett 
Zedekiah Kidwell 
William A. Lake 
John H. Lumpkin 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Smith Miller 
John S. Millson 
Asa Packer 
George W. Peck 
John S. Phelps 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 


Mr. Edwin G. Reade 
Charles Ready 
James B Ricaud 
Thomas Rivers 
Thomas Ruffin 
John H. Savage 
Eli S. Shorter 
Samuel A. Smith 
William Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
William W. Valk 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Thomas R. Whitney 
Warren Winslow 
Daniel B. Wright 
John V. Wright 
Felix K. Zollicoffer. 




KANSAS, 


53 


Those who voted in the negative are— 


Mr. Charles J. Albright 
John Allison 
Edward Ball 
Lucian Barbour 
Henry Bennett 
Samuel P. Benson 
James Bishop 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
James Buffington 
James H. Campbell 
Lewis D Campbell 
Calvin C. Chaffee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
William Cumback 
William S. Damrell 
Timothy C. Day 
Sidney Dean 
John Dick 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfee 
John R. Edie 
Francis S. Edwards 
J. Reece Emrie 
Thomas T. Flagler 
Joshua R. Giddings 


Mr. William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Robert B. Hall 
Aaron Harlan 
John Scott Harrison 
Solomon G. Haven 
David P. Holloway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Benjamin F. Leiter 
Orsamus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Richard Mott 
Matthias H. Nichols 
Jesse O Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pelton 


Mr. John J. Perry 
John U. Pettit 
James Pike 
Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 
William R. Sapp 
John Sherman 
George A. Simmons 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranaham 
Vlason W. Tappan 
Benjamin B. Thurston 
Lemuel Todd 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C. Washburn 
Ellihu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
William VV. Welch 
Daniel Wells, jr. 

John M. Wood 
John Woodruff 
James H. Woodworth. 


So the House refused to lay the bill on the table. 

The question then recurred on the amendment of Mr. Dunn ; 

And being put, 

89 

77 

The yeas and nays being desired by one-fifth of the members 
present, 

Those who voted in the affirmative are— 


It was decided in the affirmative, 



Mr. CharlesJ. Albrtghi 
John Allison 
Edward Ball 
Lucian Barbour 
Samuel P. Benson 
James Bishop 
Philemon Bliss 
Samuel C. Bradshaw 
Samuel Brenton 
James Buffington 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaffee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Comins 
John Covode 
William Cumback 
William S Damrell 
Sidney Dean 
John Dick 
Edward Dodd 


Mr. George G. Dunn 
Nathaniel B. Durfee 
John R. Edie 
Francis S. Edwards 
J Reece Emrie 
Thomas T. Flagler 
Joshua R. Giddings 
William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Robert B Hall 
Aaron Harlan 
John Scott Harrison 
Solomon G Haven 
David P. Holloway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 


Mr. Ebenezer Knowlton 
James Knox 
John C. Kunkel 
Orsamus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Matthias H. Nichols 
Jesse 0. Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pelton 
John J. Perry 
John U. Pettit 
James Pike 
Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 




54 


KANSAS. 


Mr. William FI. Sapp 
John Sherman 
George A. Simmons 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranahan 
JVlrason W. Tappan 
Benjamin B. Thurston 

Those who voted in 

Mr. William Aiken 
Wiiliam Barksdale 
Peter H. Bell 
Henry Bennett 
Thomas F. Bowie 
Jacob Broom 
Henry C Burnett 
John P. Campbell 
John S. Carlile 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W Cobb 
Leantjer M Cox 
Burton Craige 
Martin J. Crawford 
Elisha D. Cullen 
Thomas G. Davidson 
H. Winter Davis 
Timothy C. Day 
James W. Denver 
James F. Dowdell 
Henry A. Edmundson 
William H. English 
Charles J. Faulkner 
Nathaniel G. Foster 


Mr. Lemuel Todd 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C.Washburn 
Ellihu B. Washburne 

the negative are— 

Mr. Henry M. Fuller 
William O. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thoma3 L. Harris 
Henry W. Hoffman 
George S. Houston 
Joshua H Jewett 
George W. Jones 
Luther M. Kennett 
Zedekiah Kid well 
William A. Lake 
Benjamin F. Leiter 
John H. Lumpkin 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Smith Miller 
John S. Millson 
Asa Packer 
George W Peck 
John S. Phelps 
Paulus Powell 
Richard C. Purvear 
John A. Quitman 


Mr. Israel Washburn, jr. 
Cooper K. Watson 
William W. Welch 
Daniel Wells, jr. 

John M. Wood 
John Woodruff 
James H Woodworth. 


Mr. Edwin G. Reade 
Charles Ready 
James B. Ricaud 
Thomae Rivers 
Thomas Ruffin 
John H. Savage 
Eli S. Shorter 
Samuel A. Smith 
William Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
William W. Valk 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Thomas R. Whitney 
Warren Winslow 
Daniel B. Wright 
John V. Wright 
Felix K. Zollicoffer. 


So the amendment was agreed to. 

Mr. Dunn moved that the vote last taken be reconsidered, and also 
moved that the motion to reconsider he laid on the table ; which latter 
motion was agreed to. 

The bill, as amended, was then ordered to be engrossed and read a 
third time. 

Being engrossed, it was accordingly read the third time. 

The question then being on its passage, 

Mr. Dunn moved the previous question ; which was seconded and 
the main question ordered and put, viz : Shall the hill pass ? 

And it was decided in the affirmative, j . ^ 


The yeas and nays being desired by one-fifth of the members 
present, 

Those who voted in the affirmative are— 


Mr. Charles J. Albright 
John Allison 
Edward Ball 
Lucian Barbour 
Samuel P. Benson 
James Bishop 
Philemon Bliss 
Samuel C. Bradshaw 


Mp. Samuel Brenton 
James Buffinton 
James H. Campbell 
Lewis D. Campbell 
Calvin C. Chaffee 
Isaiah D. Clawson 
Schuyler Colfax 
Linus B. Coinins 


Mr. John Covode 

William Cumback 
William S. Damrell 
Sidney Dean 
John Dick 
Edward Dodd 
George G. Dunn 
Nathaniel B. Durfce 




KANSAS 


55 


Mr. John R. Edie 

Francis S. Edwards 
J. Reece Emrie 
Thomas T. Flagler 
Joshua R. Giddings 
William A. Gilbert 
Amos P. Granger 
Galusha A. Grow 
Robert B. Hall 
Aaron Harlan 
John Scott Harrison 
Solomon G. Haven 
David P. Holloway 
Thomas R. Horton 
Valentine B. Horton 
Jonas A. Hughston 
William H. Kelsey 
Rufus H. King 
Chauncey L. Knapp 
Jonathan Knight 
Ebenezer Knowlton 
James Knox 

Those who voted in 

Mr. William Aiken 
William Barksdale 
Peter H. Bell 
Thomas F. Bowie 
Fawrence O’B. Branch 
Jacob Broom 
Henry 0 Burnett 
John P. Campbell 
John S. Carlile 
Samuel Caruthers 
John S. Caskie 
Howell Cobb 
Williamson R. W. Cobb 
Leander M. Cox 
Burton Craige 
Martin J. Crawford 
Elisha D. Cullen 
Thomas G. Davidson 
H. Winter Davis 
James W. Denver 
James F. Dowdell 
Henry A. Edmundson 
William H. English 
Charles J. Faulkner 
Nathaniel G. Foster 


Mr. John C. Kunkel 

Orasmus B. Matteson 
Andrew Z. McCarty 
Killian Miller 
Oscar F. Moore 
Edwin B. Morgan 
Justin S. Morrill 
Matthias H. Nichols 
Jesse O. Norton 
Andrew Oliver 
John M. Parker 
Guy R. Pelton 
John J. Perry 
John U. Pettit 
Benjamin Pringle 
Samuel A. Purviance 
David Ritchie 
Alvah Sabin 
Russell Sage 
William R. Sapp 
John Sherman 


the negative are— 

Mr. William O. Goode 
Alfred B. Greenwood 
J. Morrison Harris 
Sampson W. Harris 
Thomas L. Harris 
George S. Houston 
Joshua H. Jewett 
George W. Jones 
J. Glancy Jones 
Luther M. Kennett 
Zedekiah Kidwell 
William A. Lake 
Benjamin F. Leiter 
John H. Lumpkin 
Humphrey Marshall 
Samuel S. Marshall 
Augustus E. Maxwell 
Smith Miller 
John S. Millson 
Asa Packer 
George W. Peck 
John S. Phelps 
Paulus Powell 
Richard C. Puryear 
John A. Quitman 


Mr. George A. Simmons 
Francis E. Spinner 
Benjamin Stanton 
James S. T. Stranahan 
Mason W. Tappan 
Benjamin B. Thurston 
Lemuel Todd 
Mark Trafton 
Edward Wade 
Abram Wakeman 
David S. Walbridge 
Henry Waldron 
Cadwalader C. Washburn 
Ellihu B. Washburne 
Israel Washburn, jr. 
Cooper K. Watson 
William W. Welch 
Daniel Wells, jr. 

John M. Wood 
John Woodruff 
James H. Woodworth. 


Mr. Edwin G. Reade 
Charles Ready 
James B. Ricaud 
Thomas Rivers 
Thomas Ruffin 
John H. Savage 
Eli S. Shorter 
Samuel A. Smith 
William Smith 
William H. Sneed 
Alexander H. Stephens 
James A. Stewart 
Samuel F. Swope 
Miles Taylor 
Robert P. Trippe 
Warner L. Underwood 
William W. Valk 
Percy Walker 
Hiram Warner 
Albert G. Watkins 
Warren Winslow 
Daniel B. Wright 
John V. Wright 
Felix K. Zollicoffer. 


So the hill was passed.” 

























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